At IAS Part _____ of the Supreme Court of the State of New York Held in and for the County

of Nassau, at the courthouse at 100 Supreme Court Drive Mineola New York 11501 on the 5th Day of March 2012, Monday -----------------------------------------------------------------------x Christopher B. Garvey, Petitioner, -againstNEW YORK STATE BOARD OF ELECTIONS; ROBERT DIAMOND; BARACK OBAMA; MITT ROMNEY; RICK SANTORUM; NOTICE OF PETITION for ORDER TO SHOW CAUSE WITH TRO IN THE CPLR ARTICLE 78 CIVIL ACTION Index No.: 12 - 002764

Respondents. -----------------------------------------------------------------------x Please take notice that the Plaintiff, Christopher B. Garvey , in the above-identified case, intends to appear at At IAS Part _____ of the Supreme Court of the State of New York for the County of Nassau, at the courthouse at 100 Supreme Court Drive, Mineola, New York 11501 on Monday, the 5th Day of March 2012, seeking an ORDER for the respondents or their attorney to show cause at the IAS Part _______, Room _______, of this Court, to be held at the Courthouse, 100 Supreme Court Drive, Mineola, New York 11501, on the 5th day of March, 2012, at 2 oclock in the after noon or as soon as counsel may be heard why an order should not be made affecting the Electoral College, finding: a. That the NYS BOE has improperly instructed any person intending to become a proposed candidate for office of the President of the United States (POTUS) by posting on the NYS BOE website at Running for Office with Citizenship Qualifications only has to be Born a Citizen as a 14th Amendment eligibility qualification, rather than the U.S. Constitution Article 2 Section 1 Paragraph 5 express eligibility using the term of art natural born citizen of Governor Paterson to resign as elector and stay operation of EL 12-102 until directed otherwise by the Court, as he is now in conflict of interest with the State;

b. That the NYS BOE continued the arbitrary and capricious use of the invented term Born a Citizen to facilitate persons who are not Natural Born Citizens to certify for the June 5, 2012 illegally and that Petitioner along with those similarly situated have been denied equal treatment under the law and denied fundamental substantive due process by the NYS BOE actions that deprives Petitioner along with those similarly situated a reasonable expectation of effective participation at the General Election to be held on November 6, 2012 were these alleged ineligible persons to be permitted to remain on the ballot and that petitioner along with those similarly situated would suffer a taking of personal property and individual rights were the ballots formed and election held with ineligible candidates . And Ordering that NEW YORK STATE BOARD OF ELECTIONS by its agents, be stayed from printing or placing on the primary ballot of the respective party to be held on June 5, 2012 any of the names of the electors slates for the purported candidates for the office of POTUS for BARACK OBAMA, MITT ROMNEY, RICK SANTORUM until a hearing and appearance of Respondents or by his / her attorney to show cause why the stay should be lifted.. that NEW YORK STATE BOARD OF ELECTIONS by its agents, ROBERT DIAMOND, BARACK OBAMA, MITT ROMNEY, RICK SANTORUM, shall appear or by his / her attorney show cause why an order should not be made affecting the Electoral College requiring that each declared candidate be a natural born citizen. March 3, 2012

Christopher B. Garvey Petitioner 16 Nicoll Ave. Amityville, NY 11701-3018 Home: 631 598 0752 Office: 516 365 9802 x 303 Cell: 616 458 4487 ChrisGarvey1@verizon.net

At IAS Part _____ of the Supreme Court of the State of New York Held in and for the County of Nassau, at the courthouse at 100 Supreme Court Drive Mineola New York 11501 on the _____ Day of March 2012 PRESENT; Hon. _________________________________ Justice of the Supreme Court -----------------------------------------------------------------------x Christopher B. Garvey, Petitioner, -againstNEW YORK STATE BOARD OF ELECTIONS; ROBERT DIAMOND; BARACK OBAMA; MITT ROMNEY; RICK SANTORUM; Respondents. -----------------------------------------------------------------------x Upon reading and filing the affidavit of Christopher B. Garvey affirmed to on the ___th day of March 2012, and upon the exhibits, notice of petition attached to the verified petition with affidavit, and memorandum of law under jurisdiction of the CPLR Article 78 in conjunction with the New York State Election Law Article 16-100, in which Election Law Article 12 applies from before the April 24, 2012 Primary and the November 6, 2012 General Election, for emergency equity relief with a CPLR 7805 injunction with stay of ballot creation for the April 24, 2012 primary, and a declaratory judgment under CPLR 7806 on a U.S. Constitution Article 2 Section 1 Paragraph 5 issue as to the term of art natural born citizen versus the idiom born a citizen, recently invented by the New York State Board of Elections (NYS BOE), upon information and belief alleges of captioned Respondents as follows: ORDER TO SHOW CAUSE WITH TRO IN THE CPLR ARTICLE 78 CIVIL ACTION Index No.:

Let the respondents or their attorney show cause at the IAS Part _______, Room _______, of this Court, to be held at the Courthouse, 100 Supreme Court Drive, Mineola, New York 11501, on the _____ day of _________________, 2012, at _______ oclock in the ______ noon or as soon as counsel may be heard why an order should not be made affecting the Electoral College, and it being alleged: a. That the NYS BOE has improperly instructed any person intending to become a proposed candidate for office of the President of the United States by posting on the NYS BOE website at Running for Office with Citizenship Qualifications only has to be Born a Citizen as a 14th Amendment eligibility qualification, rather than the U.S. Constitution Article 2 Section 1 Paragraph 5 express eligibility using the Constitutional term of art natural born Citizen. b. That the NYS BOE continued the arbitrary and capricious use of the invented term Born a Citizen to facilitate persons who are not a natural born Citizen to certify for the April 24, 2012 primary illegally, and that Petitioner, along with those similarly situated, have been denied equal treatment under the law and denied fundamental substantive due process by the NYS BOE actions that deprives Petitioner along with those similarly situated a reasonable expectation of effective participation at the General Election to be held on November 6, 2012 were these alleged ineligible persons to be permitted to remain on the ballot and that petitioner along with those similarly situated would suffer a taking of personal property and individual rights, if ballots were formed and the election held with ineligible candidates . It is ORDERED that NEW YORK STATE BOARD OF ELECTIONS by its agents, are hereby stayed from printing or placing on the primary ballot of the respective party to be held on April 24, 2012 any of the delegates or electors under names of the purported candidates for

the office of President of the United States, for BARACK OBAMA, MITT ROMNEY, and RICK SANTORUM, until a hearing and appearance of Respondents or by his / her attorney to show cause why the stay should be lifted. It is ORDERED that NEW YORK STATE BOARD OF ELECTIONS by its agents, ROBERT DIAMOND, BARACK OBAMA, MITT ROMNEY, RICK SANTORUM, shall appear or by his / her attorney show cause at the IAS Part _______, Room _______, of this Court, to be held at the Courthouse, 100 Supreme Court Drive, Mineola, NY , on the _____ day of _________________, 2012, at _______ oclock in the ______ noon or as soon as counsel may be heard why an order should not be made affecting the Electoral College requiring that each declared candidate be a natural born citizen. Sufficient cause appearing therefore, let personal service of this order, and the papers upon which this order is granted, upon the respondents NEW YORK STATE BOARD OF ELECTIONS; ROBERT DIAMOND; BARACK OBAMA by Registered Mail; MITT ROMNEY by Registered Mail upon his Attorney at the only address he provided; RICK SANTORUM by Registered Mail upon his Attorney at the only address he provided; and the New York State Attorney General on or before the _____ day of March, 2012 be deemed good and sufficient. An affidavit or other proof of service shall be presented to this Court on the return date directed in the second paragraph of this order. ENTER ________________________ J.S.C.

NASSAU COUNTY CLERK'S OFFICE ENDORSEMENT COVER PAGE Recorded Date: 03-02-2012 Recorded Time: 4:24:09 p Liber Book: Pages From: To: Control Number: 2132 Ref #: 12--002764 Doc Type: C54 INDEX # RJI/PETITION Plnt: GARVEY, CHRISTOPHER B Dfnd: NYS BOARD OF ELECTIONS Dfnd: DIAMOND, ROBERT Record and Return To:

Taxes Total Recording Totals Total Payment THIS PAGE IS NOW PART OF THE INSTRUMENT AND SHOULD NOT BE REMOVED MAUREEN O'CONNELL COUNTY CLERK

REQUEST FOR JUDICIAL INTERVENTION

ucs-840 (snoiij

,upreme Index No:

COURT, COUNTY OF

Date Index Issued:

6 Uncontested
Q

NOTE: For ail Matrimonial actions where the parties have children under the age of 18, complete and attach the MATRIMONIAL RJi Addendum. .. 1- : : : r . . ' , , , , :',~- ,: -, . ; , .

F 3 Ashastos

w0 Breast implant Environmental:

0 Contract

0 insurance (where insurer is a party, except arbitration)

0 UCC (including sales, negotiable instruments) 0 Other Commercial:
ISPS~~Y)

.:

(specify)

0 Medical, Dental, or Podiatric Malpractice 0 Motw Vehicle

$3 Products Liability:
strest ~ d d r e s s City Stab

0Other Negligence 0Other ProfessionalMa prac ice:

Other Tort:
Boecifv)

NOTE: For Foreclosure actions Involving a one- to four-family, owner. occupied, residential properly, or an owner-occupied condominium, complete and attach the FORECLOSURE RJI Addendum.

0 Tax Certiorari - Sedion:

Other Real Property:
I
Ispadl~)

OTHER MATTERS

0Ced f cate of Incorpordt~on/Dissoi.lon

/SPECIAL PROCEEDINGS
[sea NOTE under Cornn~ercta j

1 CPLR Arilcle 75 (Arbrtration) 0

[see NOTE under Commerc ail

0Emergency Medical Treatment

0 CPLR Article 78 (Body or Officer)

I I6

0 Local Court Appeal 0 Mechanic's Lien

0 Habeas Corpus

8 0
0

0Name Change

0 Pistol Permit Revocation Hearing

Sale or Finance of ~eliqlousl~ot-for-profit Pmperty

0 (0

Election Law MHL Article 9.60 (Kendra's Law) MiiL Article 10 (Sex Offender Confinement-Initial) MHL Arlicie 10 (Sex Offsnder Confinement-Review) MHLArlicle 81 (Guardianship) OUler Mental Hygiene:
lspeolfy)

0 Other Special Proceeding:

Has a summons and complaint or summons w/notice been filed7 Is this actioniproceeding being Bled post-judgment?

0 0

If yes, date filed:

If yes, judgment date:

0 Note of Issue andlor Certificate of Readiness -

0 Notice of Medlcal, Dental, or Podietric Malpractice

@

0 0
0

Date Issue Joined: Notice of Motion Relief Sought: Notice of Petition Relief Sought: Order to Show Cause Relief Sought: Other Ex Parte Application Relief Sought: Poor Person Application Request for Preliminary Conference Residential Mortgage Foreclosure Settlement Conference Writ of Habeas Corpus

Return Date: Return Date: Return Date:

Last Name

Last Name
Firm Nama

Rmt Name Primary Role:

Street Address

secondary~ole any): (r

Last Name
Flmt Name

Last Name

Fbst Name

Firm Name
Street Address

Prlmary Rola:
Sesondsry Role (U any):

Last Nams

Last Name

First Name
Firm Name

Flmt Name wmary Roia:

Street Addrear

secondary

ole (if any):

Last Name

Last Name

First Name

Flrat Name Primary Role:

Street Address Secondsry Role (if any):

Firm Name

I AFFIRM UNDER THE PENALTY OF PERJURY THAT, TO MY KNOWLEDGE, OTHER THAN AS NOTED ABOVE, THERE ARE AND HAVE BEEN NO RELATED ACTIONS OR PROCEEDINGS, NOR HAS A REQUEST FOR JUD TERVENTION PREVIOUSLY BEEN FILED IN THIS ACTION OR PROCEEDING.

Dated:

3 / 2 , ) ~ 0 21

17 49.4 '' 83 AfTORNEY REGISTRATION NUMBER

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU

.......................................................................
Christopher B. Garvey

Index No.: Petitioner, Pro Se

12

"

00

27d+

VERIFIED PETITION FOR WRIT OF MANDAMUS WITH TRO AND INJUNCTION

-againstNEW YORK STATE BOARD OF ELECTIONS; ROBERT DIAMOND; BARACIC OBAMA; MITT ROMNEY; RICK SANTORUM; Respondents.

MAR 0 2 2012
X

.......................................................................

HW88&U COUNTY COWGdlTY CLERK'S QP@ICE

Petitioner, Christopher B. Garvey Pro se, as and for his Petition under jurisdiction of the

CPLR Article 78 in conjunction with the New York State Election Law Article 8 16-100 in which
Election Law Article 12 as applies from before the April 25,2012 Primary and the November 6, 2012 General Election thru December 25,2012 for emergency equity relief with a CPLR $7805 injunction with stay of ballot creation for the April 24, 2012 primary, and a declaratory judgment under CPLR $7806 on a U.S. Constitution Article.2 Section 1 Paragraph 5 issue as to the term of art "natural born citizen" versus the idiom "born a citizen" invented by the New York State Board of Elections (NYS BOE), upon information and belief and at all times hereinafter mentioned, respectfully alleges of captioned Respondents as follows:
1. Petitioner is a duly registered voter at 16 Nicoll Avenue Amityville, NY 11701-3018 and an enrolled inember of the Republican Party able to participate at the April 24,2012 Republican

Primary and General Election on November 6,2012.

2. That Petitioner's place for service is his home located Christopher B. Gamey, 16 Nicoll Ave., Amityville, NY 11701, tel. 631 598 0752, alternate: 516 365 9802, Cell: 516 458 4487 Fax. 516-365-9805 atrtention Chris Garvey; email: chrisgarveyl@verizon.net.
3. Petitioner is self represented herein; however, is admitted to the State of New Yorlc bar as

an attorney that has practiced intellectual property and patent law for 30 years.
4. That Petitioner contends that the NYS BOE has improperly instructed any person

intending to become a proposed candidate for office of the President of the United States (POTUS) by posting on the NYS BOE website at "Running for Office" with "Citizenship Qualifications" only has to be "Born a Citizen" as a 14"' Amendment eligibility qualification, rather than the U.S. Constitution Article 2 Section 1 Paragraph 5 express eligibility using the

r term of a t "natural born citizen" (NBC) (see Exhibit A).

5. That as a matter of public record and based upon personal conversations with both

Christopher Earl Strunk and Harold (H.) William Van Allen in their endeavor to have the NYS BOE and its agents change the aforementioned use of "Born a Citizen" to "Natural Born Citizen" and the NYS BOE refused; and that Mr. Strunlc then duly filed a formal complaint with the NYS BOE for its facilitation of fraud (see Exhibit B); 6. That Petitioner contends that the NYS BOE continued the arbitrary and capricious use of the invented term "Born a Citizen" to facilitate persons who are not NBC to certify for the April 24, 2012 illegally and that Petitioner along with those similarly situated have been denied equal treatment under the law and denied fundamental substantive due process by the NYS BOE actions that deprives Petitioner along with those similarly situated a reasonable expectation of effective participation at the General Election to be held on November 6,2012 were these alleged ineligible persons to be permitted to remain on the ballot and that petitioner along with

those similarly situated would suffer a taking of personal property and individual rights were the ballots formed and election held with ineligible candidates . 7. That on or about January 9,2012 the Respondent NYS BOE issued a schedule for the 2012 Presidential election cycle (see Exhibit C).

8. That the deadline for the Democratic party to file a certificate of candidacy for creation of
the electoral slate of the proposed Democratic Piu-ty candidate for the office of president of the United States (POTUS) was February 21,2012; and the deadline for the Republican party to file a certificate with candidates of the electoral slate of the proposed Republican Party candidate(s) for the office of POTUS was February 21,2012.

9. That on February 13, 2012 pursuant to correcting NYS BOE state action Petitioner filed
a set of specific objections to the NBC status of BARACK OBAMA(see Exhibit D). 10. That on February 17,2012 pursuant to correcting NYS BOE state action Petitioner filed a set of specific objections to the NBC status of MITT ROMNEY and to a second Romney filing on Feb. 27,2012 (see Exhibit E). 11. That on February 27,2012 pursuant to correcting NYS BOE state action Petitioner filed a set of specific objections to the NBC status of RICK SANTORUM and the First Electoral slate delegate ROBERT J DICARLO (see Exhibit F). 12. That on Tuesday February 28,2012 based upon the Notice given by the NYS BOE (see Exhibit G), Petitioner viewed and recorded the internet televised meeting of NYS BOE agents JAMES A. WALSH I Co-Chair, DOUGLAS A. KELLNER / Co-Chair, EVELYN J. AQUILA I Commissioner, GREGORY P. PETERSON / Commissioner; and heard the Commissioners and Chairmen hearing defend the contiilued use of "Born a Citizen" rather than NBC;

13. That on February 28,2012 at the meeting televised by the internet Petitioner witnessed the NYS BOE agents JAMES A. WALSI-I 1 Co-Chair, DOUGLAS A. KELLNER I Co-Chair, EVELYN J. AQUILA I Commissioner, GREGORY P. PETERSON I Commissioner the NYS BOE made the following cryptic and opaque vote: Chair: "We have 2 votes on Petitions. One is on the large sheets of paper that you have. I will accept a motion to accept the staff report regarding objections that have been filed to the petitions." Staff: "It's not just the StaffReport but also the Draft Determinations." "So moved" "Seconded" "All in favor" several voices: "Aye" "Opposed" single voice: "Aye" 14. This was a clearly rehearsed vote froin secret pre-game session which session was in violation of the Open Meetings law. 15. As of 10:54:22 AM, 03102112, the staffreport and drqft determinations remained Official Secrets, and had not been posted on the BOE website.
16. Presumably it was a vote to vote to dismiss the one or more of the objections shown

above as Exhibit D, E and F, among others, and grant ballot access to the proposed Candidate(s)'s, which Petitioner had objected to as not being eligible for the Office of POTUS lor the reason that each was not NBC or questionable as a result of mis-instmetion by the NYS BOE in regards to "Born a Citizen" rather than "Natural born Citizen" (NBC) that is not forthcoming with the proof of NBC status by the law of the land.

17. That on March 1,2012 Petitioner received the NYS BOE Determination on his objection
to Obarna as shown in exhibit D above and variously contended that Petitioner (see Exhibit H) quote:

After an examination of the designating petition of the Democratic Party purporting to nominate BARACIC OBAMA as a candidate for the office of President of the United States, and the matter having been considered by the Commissioners of the State Board of Elections on February 28,2012, the State Board finds that the objector has no standing to object to the party position as the objector is not an enrolled member of the Democratic Party (Election Law $6-154(2)). Further, the objection raises issues which are beyond the ministerial scope of the State Board to determine and such objection is made in the incorrect venue, as no direct election for President of the United States occurs via election day ballots. Rather, the April 24,2012 Presidential Primary is the ballot access process which provides for the election of delegates to a national party convention or a national party conference in 2012. Foe the reasons cited herein, the petition is overruled and the petition is valid. The envelope was marked $00.90 by a Pitney Bowes Postage meter on Feb. 28,2012, but there is no proof as to when it was mailed. 18. Petioner has not yet receive a determination on Mitt Romney nor Rick Santorum. Presumably they will be similar, but they remain as secrets held by the BOE and possibly the Post Office, or perhaps undecided by the BOE Staff. 19. Election Laws 6-154. Nominations and designations; objections to 2. Written objections to any certificate of designation or nomination or to a nominating or designating petition or a petition for opportunity to ballot for public office or to a certificate of acceptance, a certificate of authorization, a certificate of declination or a certificate of substitution relating thereto may be filed by any voter registered to vote for such public office and to a designating petition or a petition for opportunity to ballot for party position or a certificate of substitution, a certificate of acceptance or a certificate of declination relating thereto by any voter enrolled to vote for such party position. 20. That Petitioner is registered to vote in the General Election for President, and according to the BOE Calendar, there is no subsequent date to file a document for which there can be Objection to Obama's Candidacy. If the Board cannot point to such a date, my right of objection under Election Law 6-154-2. has accrued. If such a date exists, then this court might consider this case a remaining open till then, particularly in view of the short statute of limitations. Such a

later determination by this Court will likely cause greater havoc than would a decision now. But the time is ripe now for Judicial Intervention in this unconstitutional candidacy. 21. That Petitioner pursuant to the requirements of CPLR 57801, as to the nature of proceeding for relief by writ of mandamus or prohibition that shall be obtained in a proceeding under this article and is made for a writ or order of mandamus or prohibition, in which such reference shall, so far as applicable, be deemed to refer to the proceeding authorized by this article. 22. That Petitioner challenges the determination shown as Exhibit H, and to the forthcoming Determination[s] as each is or will be final or can be adequately reviewed by appeal to a court or to some other body or officer or where the body or officer making the determination is expressly authorized by statute to rehear the matter upon the petitioner's application unless the determination to be reviewed was made upon a rehearing, or a rehearing has been denied, or the time within which the petitioner can procure a rehearing has elapsed; 23. That my Specific Objections may be used as a memorandum of law as to preliminary matters, but Petitioner hopes to supplement these at a later date. 24. That Petitioner pursuant to the requirements of CPLR 57802 as to Parties includes the NYS BOE it agents and the respective Proposed candidates under its direct authority listed herein in part is in keeping with the definition of "body or officer", and the expression "body or officer" that includes every court, tribunal, board, corporation, officer, or other person, or aggregation of persons, whose action may be affected by a proceeding under this article; and that Petitioner contends that NYS BOE and its agents have maliciously acted contrsuy to the prohibition in favor of another and where this proceeding is brought to restrain the NYS BOE body or officers from proceeding without or in excess of jurisdiction in favor of another, the

latter shall be joined as a party; and that Petitioner understands that other interested persons in adequately represented by Petitioner actions herein by order of the court may direct that notice of the proceeding be given to any person, and may allow other interested persons to intervene. 25. That Petitioner pursuant to the requirements of CPLR 87803 raises Questions that may be raised in a proceeding under this article are: (a). That the NYS BOE is the body and or its officers that failed to perform a duty enjoined upon it by the law of the land as to the requirement to conform to U.S. Constitution Article 2 Section 1 Paragraph 5 as to the eligibility requirements for any candidate for the office of the POTUS as relates to the instructions on its website to respective proposed candidates reference as shown in Exhibit A and paragraph 4 above; and
@). That the NYS BOE is the body and or officers that proceeded, and is proceeding

or is about to proceed without or in excess of jurisdiction to allow violation of NBC Eligibility ; and (c). That the NYS BOE is the body and or officers that proceeded based upon the determination that was made in violation of lawful procedure as to the absolute requirement to instruct candidates in the requirement for NBC eligibility , that was affected by misadministration of the law with biased arbitrary and capricious abuse of discretion, including abuse of discretion as to the measure to prevent substantive due process from occurring for providing a hearing on the rnis-instruction using "Born a Citizen" ;and further, (d). That the NYS BOE is the body and or officers that proceeded without a hearing to arbitrarily make a determination without further evidence taken, and without direction by law as required under NYS EL 3-104 to avoid malting a public record supported by substantial

evidence as relates to the eligibility requirement of U.S. Constitution Article 2 Section 1 Paragraph 5.

WHEREFORE, Petitioner demands a temporary restraining order, preliminary injunction

hearing, and Declaratory judgment under CPLR $7806 and permanent injunction against the Respondent NYS BOE and or its agents and such other relief as the Court deems just including a TRO Order: a. That the NYS BOE replace the term "Born a citizen" with "Natural Born Citizen"
b. That the respective candidates granted ballot access at the respective primary provide

evidence of NBC status. c. And for further and different relief as the Court may deem necessary herein. Dated: Amityville, New York March 2,2012

---.
Amityville, NY 11701 Home: 631 598 0752 Office: 516 365 9802 Cell: 516 458 4487 Fax: 516 365 9805 Attn: Chris Garvey ChrisGarvey 1@verizon.net

PETITION VERIFICATION AFFIDAVIT STATE OF NEW YORK ) COUNTY OF NASSAU

) 5s. )

Accordingly, I, Christopher B. Garvey, being duly swo1.11, depose and say under penalty of perjury:

I have read the foregoing Petition for writ of ~iiandamus with the U.S. Constitutional question
raised involving creation of the New York Electoral College for the 2012 Presidential Election cycle at the April 24, 2012 respective primary election and the November 6,2012 General Election and thereafter by operation of Election Law Article 12 the Actions of Respondents NEW YORK STATE BOARD OF ELECTIONS and its agents as effects ROBERT DIAMOND; BARACIC OBAMA; ;MITT ROMNEY; RICK SANTORUM; request a TRO, Preliminary Injunction and Declaratory Judgment for equity relief with time being of the essence with irreparable harm; and know the contents thereof apply to me by misapplication and administration of laws and that has a question of first impression as a State question involving going into the Primary Election of April 24, 2012, the General Election from November 6, 2012 thru the creation of the New York Electoral College December, 2012; the same is true to my own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters I believe it to be true. The grounds of my beliefs as to all matters not stated upon information and belief are as follows: 3rdparties, boolts and records, the internet, correspondence, conversations, and personal knowledge.

Sworn to before me This day of March 2012

Notary Public

ANDREA L. STURM Notary Public, State of New York No. 04ST6236226 Qualified in Nassau County Commission Expires 2/22/2015

Christopher B. Garvey v. NEW YORK STATE BOARD OF ELECTIONS et al VERIFIED PETITION FOR WRIT OF MANDAMUS WITH TRO AND INJUNCTION

Exhibit A

Christopher B. Garvey v. NEW YORK STATE BOARD OF ELECTIONS et al VERIFIED PETITION FOR WRIT OF MANDAMUS WITH TRO AND INJUNCTION

Exhibit B

Complaint and Demand for Public Hearing on the Eligibility of the declared candidate Barack Hussein Obama I1 for Office of POTUS at the 2012 Election Cycle in New York
N W YORK STATE BOARD OF E L E C T ~ N S , E 40 Steuben Street Albany New York 12207 Attention: JAMES A. WALSH / Co-Chair, DOUGLAS A. KELLNER / Co-Chair, EVELYN J; AQUILA / Commissioner, GREGORY P. PETERSON / Commissioner,
STATE OF NEW YORK
)
)

CEIYI'IFIED RETURN RECEIPT No:70111570000033846626

COUNTY OF KINGS

1 8%

Accordingly, I, Christopher-Earl: Strunk in esse being duly sworn, depose and say under penalty of perjury: 1. Petitioner is located for service at 593 Vanderbilt Avenue -281 Brooklyn, New York 11238 (845)9016767 email: chris@strunk.ws.; and is a duly registered voter in the 2008 and 2012 election cycle. 2. That Petitioner with Election Law (EL) 3-104 hereby complains of the declared candidate Barack Hussein Obama I as not being eligible for the Office of President of the United States (POTUS)and 1 demands a hearing on the declared candidates eligibility on 21 14112 or as soon thereafter as the Chairman and Commissioners may chose to convene to take evidence and testimony to bar Barack Hussein Obama I from the 2012 Presidential Election cycle ballots as time is of the essence. 1 3. That Petitioner references the N S BOE schedule issued on January 9 2012 for the 2012 Y Presidential Election cycle that designates the start of the DEMOCRATIC DELEGATE SELECTION P A FILING DATES: L N 21 14112 Last day for candidates to decline designations. 82-122-a(2) 21 14112 Last day, for CBOE to notify SBOE candidates which filed at CBOE. 82-122-a(6)(h) 212 1112 Last day for party committee to file certificate of candidacies for delegate and alternate delegate candidates. 82-122-a(7)(a-b) 3/ 1/ 12 Last day for SBOE to notify party committee of candidates who will appear on ballot. 82-122-a(7)(d) 3/21 12 Last day for boards of election to notify party committee of candidates who will appear on ballot. 82-122-a(7)(d) 4. That based upon information and belief Barack Hussein Obiuna I1 (BHO 11) has already declared himself a candidate for the office of President of the United States here in the New York 2012 election cycle. 5. That based upon the admission of Barrack Hussein Obama I1 with the release of his autobiography. "Dreams From M Father" (1995)the British subject at his birth was Barack Hussein Obama Sr. y 6. That according to the INS record signed by Barrack Hussein Obama Sr. he is a Foreign Alien nonimmigrant with a student visa and never was at anytime a US Citizen or even had a "Green Card" 7. That according to the divorce decree issued from the Hawaii court of competent jurisdiction British subject Barack Hussein Obama Sr. was married to the US Citizen Stanley Ann Obama being of minor age at the time of the birth of Barack Hussein Obama 11; 8. That according to the Certificate of Live Birth released by Barack Hussein Obama I1 during a press conference in April 20 11, BHO I1 was born in Hawaii to U.S. Citizen Stanley Ann Dunham Obama the mother, and British Subject Barack Hussein Obama Sr. the father on August 8, 1961. Strunk Complaint and Demand for Hearing with EL 3-104 Page 1 of 2

9. That Barack Hussein Obama I1 is merely a native born naturalized citizen not a Natural-Born
L

a .

Citizen (NBC)a person born in the country of US Citizen parents) a s defined by the Supreme Court of the United States (SCOTUS)in the precedent set in Minor. v. Hcwpersett 88 U.S. 162 (1875),21 Wall. 162, and 22 L. Ed. 627. by Justice Waite holding that natural born citizens (NBC) se are so per by virtue of birth on United States soil when both parents were Citizens of the United States according to the US Constitution Article 2 Section 1 paragraph 5 de jure citizens without reaching the need of use of the 14th Amendment or the power of Congress granted with Article 1 Section 8 % paragraph 4 to define3aturaljzation and immigration status person other than NBC persons. 6 10. That Barack Hussein Obama I1 is m t a Natural- born Citizen however may be classified a s "Born a Citizen" depending upon the power of Congress granted to define such status other than NBC. 11.That Barack Hussein Obama I1 is a declared candidate with EL 14-100(1)(7)(9) here in New York, and has illegally directed his campaign fund raising here in New York to proceed starting last summer as with EL 14-114; 13 b 12. That BHO I1 as an ineligible declared candidate,,seeking a ballot line in the Democratic Rimary and General Election ballot starting February 14, 20 12. 13.That BHO I1 a s an ineligible declared candidate illegally participates within the state and personally directed his fund raising agents to proceed as defined under N S EL 14-114 and the fraudulent Y w conversion of the funds as defined by EL 14-130 in relevant parts with related law. 14. That the N S BOE is willfully facilitating BHO I1 a s an ineligible declared candidate since no later Y than the 2008 election cycle continuing now with malicious facilitation using instructions on the N S BOE website page "Running for Office" contrary to the law of the land and the requirements set Y by the State Legislature stating therein as to citizenship status that a declared candidate need only be "Born a Citizen" rather than a "Natural-born Citizen" to be eligible for the office of POTUS. 15. That Petitioner alleges that the Chairman and Commissioners are involved in the misprision of a . felony by facilitating the declared candidacy of Barack Hussein Obama I1 and others, and that 4 duplicate of this complaint affidavit is simultaneously filed with the Albany District Attorney for investigation; and that 16. On January 26, 2012, Petitioner was a material witness a t the ballot access hearing held by the Georgia Secretary of State before a Justice of that Court to bar Barack Hussein Obama I1 from that ballot and BHO I1 nor his attorney attended by default relinquish 16 electoral votes from Georgia. 17. Petitioner knows the wrongful acts to facilitate the'continued fund raising and attempt for ballot access by the declared candidate is an irreparable harm with time as the essence that applies to me by misapplication and administration of laws; the same is true to my own knowledge, except a s to the matters therein stated to be alleged on information and belief, and a s to those matters I believe it to be true. The grounds of my beliefs a s to all matters not stated upon information and belief are a s follows: 3rd parties, books and records, and personal knowledge.

~?b'Idopher-~arl: Strunk ARNOLD I. TISHFIELD Notary Public State Of New York N0.41-4311662 Qualified In Queens County Certified In Kings County Commission Expires March 30, 20

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CC: Office of the District Attorney . Albany County Judicial Building 6 Lodge Street Albany, NY 12207 Cert RR No: No: 70 111570000033846633ERIC T. SCHNEIDERMAN Attorney General of New York State The Capitol Albany, New York 12224 Page 2 of 2

Strunk Complaint and Demand for Hearing with EL 3-104

STATE OF NEW YORK

STATE BOARD OF ELECTIONS

CALENDAR FOR THE APRIL 24, 2012

PRESIDENTIAL PRIMARY ELECTION for SELECTING DELEGATES to a NATIONAL CONVENTION Requirements and dates herein are provided for in Chapter 147 of the Laws of 2011
40 STEUBEN STREET ALBANY, NY 12207 (518) 474-6220 www.elections.ny.gov

January 9, 2012

DELEGATE SELECTION PLAN:

DEMOCRATIC DELEGATE SELECTION PLAN FILING DATES:

REGISTRATION FOR PRIMARY ELECTION

3/30/12; 4/4/12 Mail Registration: Last day to postmark application and last day it must be received by board of elections. 5-210 (3) In Person Registration: Last day application must be received by board of elections to be eligible to vote in primary election. 5-210, 5-211 & 5-212 Change of address. 5-208 (3)

Pursuant to Chapter 147 of the Laws of 2011, a state committee providing for the selection of delegates and alternate delegates to a national party convention or conference must select either the 3 plan or the 4 plan contained in the act.

2/14/12

Last day for candidates to decline designations. 2-122-a(2) 3/30/12 Last day for CBOE to notify SBOE candidates which filed at CBOE. 2-122-a(6)(h) Last day for party committee to file certificate of candidacies for delegate and alternate delegate candidates. 2-122-a(7)(a-b) Last day for SBOE to notify party committee of candidates who will appear on ballot. 2-122-a(7)(d) Last day for boards of election to notify party committee of candidates who will appear on ballot. 2-122-a(7)(d)

2/14/12 12/6/11 Last day for other political parties to choose Republican plan. 2-122-b(1) Last day for a party to select the delegate selection method. 2 Ch. 147 of 2011 3/1/12

2/21/12

4/4/12

11/1/11

ABSENTEE VOTING FOR PRIMARY ELECTION:

4/17/12 Last day to postmark application for ballot. 8-400 (2)(c) Last day to apply in person for ballot. 8-400 (2)(c) Last day to postmark ballot and date it must be received by the board of elections. 8-412 (1) Last day to deliver ballot in person to county board. 8-412 (1)

3/2/12

4/23/12

REPUBLICAN DELEGATE SELECTION PLAN FILING DATES: THE FOLLOWING DATES APPLY TO ALL DELEGATE SELECTION PLANS:
2/21/12 Last day for matching funds candidate to file certificate with State Board requesting ballot access. 2-122-b(3)(a)

4/23/12; 5/1/12 4/24/12

DESIGNATING PETITIONS
1/31/122/21/12 Dates for nationally known candidate to file certificate with State Board requesting to appear on ballot. 2-122-b(3)(b) Last day for party to certify the number of delegates for the convention. 2-122-b(2) Last day for presidential candidate to certify slate of delegates and alternate delegates. 2-122-b(3)(d) Last day for presidential candidate to invalidate their candidacy. 2-122-b(3)(e) 1/3/12 First day for signing designating petitions. 6-134 (4) Dates for filing designating petitions. 6-158 (1)(a) Last day to decline a designation. 6-158 (2) 4/17/12 2/21/12 4/17/12 Last day to fill vacancy after declination. 6-158 (3) 4/23/12

MILITARY/SPECIAL FEDERAL VOTERS FOR PRIMARY ELECTION:

1/31/12

2/6/12 2/9/12 2/14/12

3/30/12

2/21/12

Last day for a BOE to receive application for ballot if not previously registered. 10-106 (5) & 11-202 (1)(a) Last day for a BOE to receive application if previously registered. 10-106 (5) & 11-202(1)(b) Last day to apply personally if previously registered. 10-106 (5) Date for county boards to send out Military/Special Federal ballots. 10-108 (1) & 11-204 Last day to postmark ballot and date it must be received by the board of elections. 10-114(1) & 11-212

CERTIFICATION
3/9/12 3/1/12 Certification of Primary ballot by SBOE of designations filed in its office. 4-110 Certification of Primary ballot by CBOE of designations filed locally. 4-110 4/23/12; 5/1/12

3/2/12

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Christopher B. Garvey v. NEW YORK STATE BOARD OF ELECTIONS et al VERIFIED PETITION FOR WRIT OF MANDAMUS WITH TRO AND INJUNCTION

Exhibit C

STATE OF NEW YORK

STATE BOARD OF ELECTIONS

CALENDAR FOR THE APRIL 24, 2012

PRESIDENTIAL PRIMARY ELECTION for SELECTING DELEGATES to a NATIONAL CONVENTION Requirements and dates herein are provided for in Chapter 147 of the Laws of 2011
40 STEUBEN STREET ALBANY, NY 12207 (518) 474-6220 www.elections.ny.gov

January 9, 2012

DELEGATE SELECTION PLAN:

DEMOCRATIC DELEGATE SELECTION PLAN FILING DATES:

REGISTRATION FOR PRIMARY ELECTION

3/30/12; 4/4/12 Mail Registration: Last day to postmark application and last day it must be received by board of elections. 5-210 (3) In Person Registration: Last day application must be received by board of elections to be eligible to vote in primary election. 5-210, 5-211 & 5-212 Change of address. 5-208 (3)

Pursuant to Chapter 147 of the Laws of 2011, a state committee providing for the selection of delegates and alternate delegates to a national party convention or conference must select either the 3 plan or the 4 plan contained in the act.

2/14/12

Last day for candidates to decline designations. 2-122-a(2) 3/30/12 Last day for CBOE to notify SBOE candidates which filed at CBOE. 2-122-a(6)(h) Last day for party committee to file certificate of candidacies for delegate and alternate delegate candidates. 2-122-a(7)(a-b) Last day for SBOE to notify party committee of candidates who will appear on ballot. 2-122-a(7)(d) Last day for boards of election to notify party committee of candidates who will appear on ballot. 2-122-a(7)(d)

2/14/12 12/6/11 Last day for other political parties to choose Republican plan. 2-122-b(1) Last day for a party to select the delegate selection method. 2 Ch. 147 of 2011 3/1/12

2/21/12

4/4/12

11/1/11

ABSENTEE VOTING FOR PRIMARY ELECTION:

4/17/12 Last day to postmark application for ballot. 8-400 (2)(c) Last day to apply in person for ballot. 8-400 (2)(c) Last day to postmark ballot and date it must be received by the board of elections. 8-412 (1) Last day to deliver ballot in person to county board. 8-412 (1)

3/2/12

4/23/12

REPUBLICAN DELEGATE SELECTION PLAN FILING DATES: THE FOLLOWING DATES APPLY TO ALL DELEGATE SELECTION PLANS:
2/21/12 Last day for matching funds candidate to file certificate with State Board requesting ballot access. 2-122-b(3)(a)

4/23/12; 5/1/12 4/24/12

DESIGNATING PETITIONS
1/31/122/21/12 Dates for nationally known candidate to file certificate with State Board requesting to appear on ballot. 2-122-b(3)(b) Last day for party to certify the number of delegates for the convention. 2-122-b(2) Last day for presidential candidate to certify slate of delegates and alternate delegates. 2-122-b(3)(d) Last day for presidential candidate to invalidate their candidacy. 2-122-b(3)(e) 1/3/12 First day for signing designating petitions. 6-134 (4) Dates for filing designating petitions. 6-158 (1)(a) Last day to decline a designation. 6-158 (2) 4/17/12 2/21/12 4/17/12 Last day to fill vacancy after declination. 6-158 (3) 4/23/12

MILITARY/SPECIAL FEDERAL VOTERS FOR PRIMARY ELECTION:

1/31/12

2/6/12 2/9/12 2/14/12

3/30/12

2/21/12

Last day for a BOE to receive application for ballot if not previously registered. 10-106 (5) & 11-202 (1)(a) Last day for a BOE to receive application if previously registered. 10-106 (5) & 11-202(1)(b) Last day to apply personally if previously registered. 10-106 (5) Date for county boards to send out Military/Special Federal ballots. 10-108 (1) & 11-204 Last day to postmark ballot and date it must be received by the board of elections. 10-114(1) & 11-212

CERTIFICATION
3/9/12 3/1/12 Certification of Primary ballot by SBOE of designations filed in its office. 4-110 Certification of Primary ballot by CBOE of designations filed locally. 4-110 4/23/12; 5/1/12

3/2/12

Christopher B. Garvey v. NEW YORK STATE BOARD OF ELECTIONS et al VERIFIED PETITION FOR WRIT OF MANDAMUS WITH TRO AND INJUNCTION

Exhibit D

Specification of Objections to Democratic Party Designating Petition

Designating Barack Obama Filed with the NYS Board of Elections on February 9, 2012 02/13/12 CERTIFIED mail RETURN RECEIPT # 7011 1570 0003 5313 5080 To: Election Operations NEW YORK STATE BOARD OF ELECTIONS, 40 Steuben Street Albany New York 12207 Attention: JAMES A. WALSH / Co-Chair, DOUGLAS A. KELLNER / Co-Chair, EVELYN J. AQUILA / Commissioner, GREGORY P. PETERSON / Commissioner, Further to my General Objection mailed on Feb. 9, 2012, and an Amended General Objection mailed herewith today, I, Christopher B. Garvey (Objector) object to the above identified petition, and I hereby specify the following reasons: 1. Objector resides at 16 Nicoll Ave., Amityville, NY 11701-3018. Phone: 631 598 0752. 2. Objector is a duly registered New York voter in the 2012 election cycle, and is qualified to vote for President. 3. The designated candidate Barack Obama (Obama) is not eligible for the Office of President of the United States (POTUS). Objector demands a hearing on the declared candidate's eligibility on 2/14/12 or as soon thereafter as the Chairman and Commissioners may chose to convene to take evidence and testimony to bar Barack Obama from the 2012 Presidential Election cycle ballots, as time is of the essence. 4. Objector references the NYS BOE notice that agents of the OBAMA FOR AMERICA campaign filed designating petitions on February 9, 2012 that designates Barack Obama for ballot access as the Democratic Party Candidate for President of the United States. Objector challenges the Certification of both the declared candidate Barack Obama and all the petitions and filing documents as a nullity, against public policy, and against the Constitution of the United States, in that Barack Obama is not eligible for the Office of the President of the United States (POTUS) because he is not a Natural Born Citizen as is required under New York State law in compliance with the U.S. Constitution Article 2 Section 1 paragraph 5 and New York provision of law defining Natural born Citizen.
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.

Therefore all the designating petitions must be rejected as defective.

Specific Objections to Obama Designating Petition Page 1 of 4

5. Objections are based upon the admission of Barack Obama , AKA Barack H. Obama (AKA Barrack Hussein Obama II) with the release of his autobiography. Dreams From My Father (1995). Barack Obama's father was Barack H. Obama Sr., a British subject at the time of the Candidate's birth. This non-US Citizenship of Barack Hussein Obama Sr. makes Barack Obama not a Natural Born Citizen, and therefore Obama is ineligible for the Office of President of the United States. 6. Objections are based upon the INS record signed by Barrack Hussein Obama Sr. that Barack Obamas father was a Foreign Alien non-immigrant with a student visa and never was at anytime a US Citizen or even had a Green Card as such Barack Obama is not Natural Born Citizen and ineligible for POTUS. 7. objections are based upon the record of the divorce decree issued from the Hawaii court of competent jurisdiction British subject Barack Hussein Obama Sr. was married to the U.S. Citizen Stanley Ann Obama being of minor age at the time of the birth of Barack Hussein Obama II; These objections are based upon the supposed Certificate of Live Birth (COLB) released by Barack Obama during a press conference in April 2011, alleging Barack Obama was born in Hawaii to U.S. Citizen Stanley Ann Dunham Obama, the mother, and British Subject Barack Hussein Obama Sr. the father on August 8, 1961. 8. The evidence shows that at best, Barack Obama may merely be a native born or naturalized citizen, not a Natural Born Citizen. A Natural Born Citizen is a person born in the United States, of US Citizen parents, as defined by the Supreme Court of the United States (SCOTUS) in the precedent set in Minor. v. Happersett 88 U.S. 162 (1875), 21 Wall. 162, and 22 L. Ed. 627. Justice Waite holding that natural born citizens per se are so by virtue of birth on United States soil when both parents were Citizens of the United States. The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had elsewhere
to ascertain [***10] that. At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. id. http://www.osah.ga.gov/documents/Cases/Cite-minor %20v%20happersett.pdf, at page 2 of the decision.

9. This is the definition which applies to the US Constitution Article 2 Section 1 paragraph 5. It is the definition commonly accepted under international law at the time the Constitution was drafted and ratified. When the delegates from New York insisted on this clause, they did not wish to have a British Subject or his offspring becoming Commander-in-chief, and then, by surrender, returning the United States to being subject to the King of England. 10. Natural Born Citizen is a Constitutionally different term than the terms used in the 14thAmendment:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside....

The 14thAmendment is irrelevant to the term Natural Born Citizen. 11. Natural Born Citizen is defined without reaching the need of use of the 14th Amendment or the power of Congress granted with Article 1 Section 8 paragraph 4 to define naturalization and immigration status of persons other than Natural Born Citizen persons; and as upheld by New York State jurisprudence as to Natural Born Citizen, defined in state law. 12. Barack Obama is not a Natural- born Citizen. However he may possibly be classified as Born a Citizen depending upon the power of Congress granted to define citizen status, other than Natural Born Citizen. 13. On information and belief, Barack Obama renounced his citizenship at various times. Obama received a public education In Indonesia, where public education was only provided to
Specific Objections to Obama Designating Petition Page 2 of 4

Indonesian Citizens and where dual citizenship was not permitted. Obama applied for financial aid as a foreign student within the United States. Said application[s] was evidence that he is not a US Citizen. Said application[s] as a foreign student operatively served as his renunciation of his US Citizenship. 15. On information and belief, Obama traveled as an Indonesian Citizen, with an Indonesian Passport, when dual citizenship was not permitted. This was either evidence of renunciation, or operative renunciation of his citizenship, or both. 16. Barack Obama is ineligible to be President because he has violated his oath of office to protect and defend the Constitution.: 17. By pretending to be President, when he is not a Natural Born Citizen, he has violated U.S. Constitution Article 2 Section 1 paragraph 5. 18. Obama has attacked the First Amendment by arresting persons and members of the press at peaceful assemblies. 19. Obama has attacked the First Amendment by forcing religious organizations to act in violation of their beliefs, 20. Obama has used the ATF to violate the Second Amendment. 21. Obama has attacked the Fourth Amendment by, without warrant, using agents to conduct unreasonable searches and seizures of persons, houses, places and effects, including data and private communications. Obama has attacked the Fourth Amendment by depriving American Citizens of life, liberty, and property, without due process of law. 22. Barack Obama has attacked the Sixth Amendment, by denying accused persons a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. 23. Barack Obama has attacked the Sixth Amendment, by arresting and imprisoning trial Counsel. 24. Barack Obama has violated the Seventh Amendment, by imposing Civil penalties on persons, where the value in controversy exceeded twenty dollars, without the right of trial by jury 25. Barack Obama has violated Amendment 8 -by requiring excessive bail, imposing excessive fines, and inflicting cruel and unusual punishments. 26. Barack Obama has violated Amendment 9 by denying and disparaging other rights retained by the people. 27. Barack Obama has violated Amendment 10, by usurping powers not delegated to the United States by the Constitution, nor prohibited by it to the States, which are reserved to the States respectively, or to the people. 28. Barack Obama declined to become president the last time he was elected by not taking his oath of office. See: http://www.youtube.com/watch?v=274_VdeckAU What Obama said may be an oath that he has violated, but was not quite what the Constitution, Article II, Sec. 1 requires:
"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."

29. Wherefore: objector challenges Barack Obama and or his agents to prove both the place of birth and that both of his parents at the time of his birth were US Citizens, and that Barack Obama has never renounced his US Citizenship, nor violated his oath of office.
Specific Objections to Obama Designating Petition Page 3 of 4

30. I object that there is no summary page on the Designating Petition. 31. I specifically object to all volume numbers, all page numbers, and all line numbers containing any signatures, and to all the signatures, in that they purport, in the language of the petition at the top of each page, to designate the unqualified candidate, Barack Obama. 32. I have no objections to any signature other than to the candidate they purport to designate. 33. I have no objections to any portion of any petition or any signature line or witness statement, nor any other reasons for any such objection, other than: that the Candidate they purport to designate is unqualified. 34. I object to the the total number of signatures submitted, because the Candidate they purport to designate is unqualified. 35. All the signatures are grouped together in one group, for the above reasons, because the Candidate they purport to designate is unqualified.
No specifications of objections to any petition will be considered by the Board unless the objector filing the specifications personally delivers or mails by registered or certified mail a duplicate copy of the specifications to each candidate for public office named on the petition. In the case of a petition containing candidates for party position, service of the specifications shall be made on either the named candidates or the first person named on the petition's committee to fill vacancies. Service shall be made on or before the date of filing of any specifications with the Board. Proof of service shall accompany the specifications or be received by the end of business two days following the filing of the specifications, whichever is later.

As required, prior to filing this Specification of Objections, a true and correct copy of it, together with any and all attachments was mailed by, registered or certified mail to: the first person named on the Petition's committee to fill vacancies: Robert Diamond 118 East 93rdStreet New York, NY 10128 and to the Candidate: Barack Obama 5064 S. Greenwood Ave. Chicago, Illinois 60515 Proof of such Service is attached hereto in the form of a copy of the certified mailing receipt for the each and a Certificate of of Service. Signed _________________________________ Christopher B. Garvey Objector

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Christopher B. Garvey v. NEW YORK STATE BOARD OF ELECTIONS et al VERIFIED PETITION FOR WRIT OF MANDAMUS WITH TRO AND INJUNCTION

Exhibit E

Specification of Objections to the Document from Mitt Romney as a Request for Ballot Access in the New York Primary Election for Republican Candidate for President of the United States
or any other named Republican Nominating or Designating Certificate or Petition or Request Designating Mitt Romney as a Candidate for President Filed with the NYS Board of Elections on February 17, 2012 Christopher B. Garvey (Republican Objector) 16 Nicoll Ave. Amityville, NY 11701-3018 phone 1 631 598 0752 February 16, 2012 CERTIFIED RETURN RECEIPT #7011 1570 0003 5313 ______ To: Election Operations NEW YORK STATE BOARD OF ELECTIONS, 40 Steuben Street Albany New York 12207 Further to my General Objection mailed on ____________________________________________, I, Christopher B. Garvey (Objector) specifically object to the:

Letter from Mitt Romney as a Request for Ballot Access in the New York Primary Election for Republican Candidate for President of the United States based on being a nationally known candidate, naming delegates and alternates, and giving as his only return address,
Miss Megan Sowards Deputy General counsel for Mitt Romney 585 Commercial Street Boston, MA 02109 and any other named Republican Nominating or Designating Certificate or Petition or Request Designating Mitt Romney as a Candidate for President Filed with the NYS Board of Elections on February 17, 2012. I refer for document identification to: http://www.elections.ny.gov:8080/reports/rwservlet?cmdkey=whofiled List of Filings for the Presidential Primary Office: President Republican Specific Objections to Romney page 1 of 18

Mitt Romney 02/10/2010 Vols. 0 Pages 0 Supporting

Objector resides and is registered to vote as a Republican at: 16 Nicoll Ave. Amityville, NY 11701-3018 phone 1 631 598 0752 Objector is a duly registered Republican New York voter in the 2012 election cycle, and is qualified to vote for in the New York Primary for President of the United States.

I hereby specify the following objections:

The designated candidate Mitt Romney is not eligible for the Office of President of the United States and is therefore not eligible to run in the next New York Primary for President of the United States. Objector references the NYS BOE notice that a document was filed on February 10, 2012 that designates Mitt Romney for ballot access in the next New York Primary as the Republican Party Candidate for President of the United States. Objector challenges the Certification of both the declared candidate Mitt Romney and all the petitions and filing documents as a nullity, against the Constitution of the United States, and against public policy, in that Mitt Romney is not eligible for the Office of the President of the United States because he is not a Natural Born Citizen as is required under New York State law in compliance with the U.S. Constitution Article 2 Section 1 paragraph 5 and New York provision of law defining Natural born Citizen.
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.

A Natural Born Citizen is a person born in the United States of two United States Citizens.
Therefore all the designating petitions must be rejected as defective. New York State has case law on the term Natural Born Citizen because New York State Law prohibited all but Natural Born Citizens from owning mines: Real Property Law 18 Mines in Saint Lawrence county. 18. Mines in Saint Lawrence county. The proprietors of any mines or veins of lead or copper in the county of Saint Lawrence, may demise, lease, or rent the same for a period not to exceed twenty-one years from the date of any such lease, to any foreign individual or company, and such lessee may take, hold, work, use or convey the same during the said Specific Objections to Romney page 2 of 18

term, in the same manner and subject to the same liabilities as if such lessee were a natural born citizen. Objections are based upon the following timeline, constructed on information and belief, which shows that Mitt Romney's father George Romney, was a Mexican Citizen or a British Subject. Emmerich de Vattel, The Law of Nations Section 212: The natives, or natural born citizens, are those born in the country, of parents [both] who are citizens. The Law of Nations, written by Emmerich de Vattel, a Swiss-German philosopher of law. In that book, the following definition of a natural born citizen appears, in Book I, Chapter 19, 212, of the English translation of 1797 (p. 110): 212. Citizens and natives. The citizens are the members of the civil society: bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. . . . The French original of 1757, on that same passage read thus: Les naturels, ou indigenes, sont ceux qui sont nes dans le pays de parents citoyens, . . . The terms natives and natural born citizens are terms; used to translate the idea conveyed by the French phrase les naturels, ou indigenes: but both referred to the same category of citizen: one born in the country, of parents who were citizens of that country. In the political philosophy of Vattel, the term naturels refers to citizens who are such by the natural circumstances of their birth which they did not choose; the term indigenes is from the Latin, indigenes, which like the English, indigenous, means begotten from within (indegenes), as in the phrase the indigenous natives are the peoples who have been born and lived there for generations. Hence the meaning the the term, natural born citizen, or naturels ou indigenes is the same: born in the country of two parents who are citizens of that country. 1775 Benjamin Franklin wrote [Exhibit 1] from Philadelphia Dec. 19, 1775 that the members of the Congress were consulting a copy of Vattels book to complete their work . I'm much obliged by the kind present you have made us of your edition of Vattel. It came to us in good season, when the circumstances of a rising State make it necessary frequently to consult the law of nations. Accordingly that copy which I kept... has been continually in the hands of the members of our Congress now sitting, who are much pleased with your notes, and preface, and have entertained a high and just esteem for their author.... 1757

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See Exhibits 1 - 4 attached. 1787 - Vattel's term, natural born citizen appears in a letter [Ex 4] of the future Supreme Court Justice, John Jay, to George Washington during the Constitutional Convention. John Jay wrote: Permit me to hint, whether it would not be wise and reasonable to provide as a strong check to the admission of foreigners into the administration of our national government; and to declare expressly that the Command in Chief of the american army shall not be given to, nor devolve on, any but a natural born Citizen. ---...
1787 July 25 New York, Letter from John Jay to His Excellency General Washington, [Exhibit 4]

1794 The Senate made its first purchases: Blackstone's Commentaries and Vattel's Law of Nature and Nations. Exhibit 3. Exhibit 5 is a my own Venn diagram of types of citizen in early America.

Marriage gave women their husband's citizenship automatically. So both parents had the same nationality [except out-of-wedlock]: that of the husband-father. There was no divided loyalty Specific Objections to Romney page 4 of 18

objection, because there was no divided parent citizenship. So the father's citizenship meant both parents' citizenship. In 1922 a change in US law eliminated marriage's automatic change of the wife's citizenship, Married Women's Act (the Cable Act). Today, it is possible to have one parent who is not a US citizen, which creates a divided loyalty obstruction to becoming Commander-inchief. For example, such a conflict of divided loyalty might arise if one's adopted father was an official of the Indonesian Army and a Citizen of Indonesia. For such an example, see: Obama Dreams of My Father.

1814 The Venus, 12 U.S. 8 Cranch 253 253 (1814) Decided in A.D. 1814, at the beginning of the republic, by men who were intimately associated with the American Revolution. In that year the following men sat on the Supreme Court: Bushrod Washington, (b. June 5, 1762 d. Nov. 26, 1829), served Feb. 4, 1799 till Nov. 26, 1829. John Marshall (b. Sept. 24, 1755 d. July 6, 1835), served Feb. 4, 1891 till July 6, 1835. William Johnson (b. Dec. 27, 1771 d. Aug. 4, 1834), served May 7, 1804, till Aug. 4, 1834. Henry Brockholst Livingston (b. Nov. 25, 1757 d. Mar. 18, 1823), served Jan. 20, 1807 till March 18, 1823. Thomas Todd (b. Jan. 23, 1765 d. Feb. 7, 1826), served May 4, 1807 till Feb. 7, 1826. Gabriel Duvall (b. Dec. 6, 1752 d. Mar. 6, 1844), served Nov. 23, 1811 till Jany 14, 1835. Joseph Story (b. Sept. 18, 1779 d. Sept. 10, 1845), served Feb. 3, 1812 till Sept. 10, 1845. Nearly all these men either participated in the American Revolution, or their fathers did. Joseph Storys father took part in the original Boston Tea Party. Thomas Todd served 6 months in the army against the British; and participated in 5 Constitutional Conventions from 1784-1792. During the Revolutionary War, Henry Brockholst Livingston was a Lieutenant Colonel in the New York Line and an aide-de-camp to General Benedict Arnold, before the latters defection to the British. William Johnsons father, mother, and elder brother were revolutionaries, who served as statesman, rebel, or nurse/assistant to the line troops, respectively. John Marshall was First Lieutenant of the Culpeper Minutemen of Virginia, and then Lieutenant in the Eleventh Virginian Continental Regiment, and a personal friend of General George Washington; and debated for ratification of the U.S. Constitution by the Virginian General Assembly. Bushrod Washington was George Washingtons nephew and heir. Being witnesses and heirs of the Revolution, they understood what the Framers of the Constitution had intended. The Venus case regarded the question whether the cargo of a merchantman, named the Venus, belonging to an American citizen, and being shipped from British territory to America during the War of 1812, could be seized and taken as a prize by an American privateer. But what the case Specific Objections to Romney page 5 of 18

said about citizenship, is what matters here. WHAT THE VENUS CASE SAYS ON CITIZENSHIP In The Venus Case, Justice Livingston, who wrote the unanimous decision, quoted the entire 212nd paragraph from the French edition, using his own English, on p. 12 of the ruling: The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The inhabitants, as distinguished from citizens, are strangers who are permitted to settle and stay in the country. Bound by their residence to the society, they are subject to the laws of the state while they reside there, and they are obliged to defend it 1806 Miles Archebald Romney, b. Dalton-in-Furness, co. Lancaster, 13 July 1806, d. St. George, Utah, 3 May 1877 m. Dalton-in-Furness, co. Lancaster, 16 Nov. 1830 (Mitt Romneys Great Great Grandfather), Miles Archebald Romney married in Liverpool to Elizabeth, both British Subjects. 1809 Elizabeth Gaskell, b. Dalton-in-Furness, co. Lancaster, 8 Jan. 1809, d. St. George, Utah, 11 Oct. 1884 1830 Miles Archebald Romney & Elizabeth Gaskell married. Dalton-in-Furness, Co. Lancaster, 16 Nov. 1830 1837 Romneys convert to Mormons 1839-Joseph Smith is in Nauvoo, IL. 1841 Great Great grandfather [Mitts] arrives in US. Miles Archebald Romney with wife Elizabeth and 5 children. 1841 Miles Archebald Romney moved to Nauvoo, IL. I have found no indication that Miles Archebald Romney ever became a Citizen of the United States of America, . Miles Romney (1806-1877) and his wife Elizabeth Gaskell (1809-1884) lived in the Liverpool area. Following their baptism, they sailed for New Orleans and made their way up the Mississippi by steamboat arriving at Nauvoo in 1841. T ----------------------------------Becoming a Citizen For most aliens the naturalization process was a two part process that took a minimum of five years though there were some exceptions. First an alien would file a declaration of intent. The court would keep a copy of the declaration and the alien would be given a copy to keep with him. After a proscribed period of residence an alien would file his petition for naturalization. When the alien filed his petition of naturalization, he returned Specific Objections to Romney page 6 of 18

his copy of his declaration of intention to the court. Following a change in the law in 1906 an alien also had to receive a certificate of arrival from the Immigration and Naturalization Service that verified his or her legal immigration. When an alien's petition was granted the court issued a certificate of citizenship to the alien. This document was the alien's official proof that he or she was now a U.S. citizenship. http://www.ourarchives.wikispaces.net/Naturalization There is no indication that the above Miles Archebald Romneys ever became US citizens. 1842 Hannah Hood Hill, (Mitts Great grandmother) born in Tosoronto Township, Simcoe, Ontario, 9 July 1842, d. Colonia Juarez, Chihuahua, Mxico, 29 Dec. 1928. She was a British Subject. 1842 1843 Hill family arrived in Nauvoo with Hannah Hood Hill. Joseph Smith visited England.

1843 Miles Park Romney, Mitts Great grandfather (1843-1904) born in 1843-Aug-18: Birth in Nauvoo, Hancock County, Illinois, USA of two British Subjects (Miles Archebald Romney & Elizabeth Gaskell) is therefore himself a British Subject under US and International Law. 1850 The Territory of Utah was an organized incorporated territory of the United States that existed from September 9, 1850, until January 4, 1896, when the final extent of the territory was admitted to the Union as the State of Utah. 1855 From 1855 to 1922, a married woman automatically assumed the citizenship of her husband; if an American woman married a foreign national, she lost her U.S. citizenship. Similarly, if a foreign national married a U.S. citizen, she automatically became a citizen. Her only documentation would be her marriage license and the naturalization (or birth) record of her husband. After 1922, a married woman was required to meet the naturalization laws although no declaration of intention was needed and residency changed from five years to one. http://archives.utah.gov/research/guides/naturalizations.htm Miles Archebald Romney Moved to Utah 1862 The federal government in Washington passed the Morrell Act outlawing polygamy. (The bill was signed by Abraham Lincoln in the middle of the civil war.) This law was not enforced as can be seen from the 1880 census where multiple wives are listed. 1862 March 10 Miles Park Romney marries to Hannah Hood Hill (1842-1929 Mitts Great Grandmother) in Salt Lake City - She was born in Canada. Miles and Hannah had eleven [or possibly thirteen] children including Gaskell Romney (1871-1955). 1862 or 1863? Miles Park Romney was sent on a mission to England before their first child (Isabell 1863-1919) was born. While in England he preached for several years in the area around Specific Objections to Romney page 7 of 18

Liverpool (former home of his parents). He came back to Salt Lake City with a boatload of new English converts. 1863 New York State Court of Appeals in Ludlum v Ludlum , 26 N.Y. 356 (1863 March Term), defines Natural Born Citizen. 1866 Rep. John Bingham, author of the 14th Amendment, Congressional Globe, 39th , 1st Sess. Pg 1291 (March 9, 1866) stated: ...every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen. Note the reference to a singular child of plural parents, not owing allegiance to any foreign sovereignty. Both parents must not owe allegiance to any foreign sovereignty for the child to be a Natural Born Citizen. This quote also demonstrates that the 14th Amendment did not apply to the children of British Subjects, who retained their own parent's nationality. 1867 In 1867 the Romney family moved from Salt Lake City to Saint George, Utah. St. George is in the southwest corner of the state on the Arizona border. 1867 -Mar-23 Miles Park Romney: Marriage to Caroline Lambourne (1846-1879) in Salt Lake City - two children 1868 14th Amendment -Ratified 7/9/1868.
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The purpose of this Amendment was to prevent former slaves from being denied citizenship rights by their states. It was not intended to abrogate the right of citizenship of nationals of other Countries by usurping their right to give their own nationality to their children. The Amendment refers to any State, not to territories. -------------------------------Discussion: Gaskell and Anna were born in the Territory of Utah, but they were not born in the state of Utah. Gaskell Romney and Anna Amelia Pratt Romney were both born of British Parents in the Territory of Utah in 1871 and 1876 respectively. Gaskells father (Mitts great grandfather) Miles Romney was a polygamist. The 1882 Edmunds Act stripped polygamists of the basic rights of U.S. citizenship. Since the Romneys lived in the Territory of Utah at that time, did they have any US citizenship? If so, was it stripped by the Edmunds Act? In 1884 Miles Romney moved his multiple wives and children from the Territory of Utah to Specific Objections to Romney page 8 of 18

Mexico. Then in 1896 the Territory of Utah became a state. Since the Romneys moved to Mexico before 1896, they could not have received US citizenship, since they were no longer residents of the Territory of Utah when it became a state. When George W. Romney (Mitts father) was born in Mexico in 1907, George W. became a native Mexican (based on the location of his birth), whether or not he was legally recognized as such. Some argue that George W. Romney was in fact a Mexican citizen at birth. He may have been a British Subject, like his parents. How did those in the Territory of Utah naturalize to become US citizens? One source states, Members of The Church of Jesus Christ of Latter-day Saints who applied for naturalization during the 1870s and 1880s were often denied because of polygamy. https://www.familysearch.org/learn/wiki/en/Utah_Naturalization_and_Citizenship Another article states that when the Territory of Utah became a state in 1896, resident noncitizens did not automatically become U.S. citizens even if they had filed declarations of intention of becoming U.S. citizens. The article also stated We know from a contemporaneous news story that as of October 15 1967, George W. Romney hadnt filed any particular papers to make himself a citizen. http://wtpotus.wordpress.com/2012/01/16/mitt-romney-natural-borncitizenship-and-media-bias/ So since Mitts grandparents, Gaskell (born of British Subjects) and Anna Romney were born in the Territory of Utah (which did not automatically make them US citizens) and had left the Territory of Utah before it became a state, where is the proof that Gaskell and Anna Romney had US citizenship to pass on to their son George W. Romney when he was born in Mexico in 1907? Where is the proof that George W. Romney had US citizenship to pass on to his son Mitt Romney when he was born in 1947? ---------------------1870 Amendment 15 - Race No Bar to Vote. Ratified 2/3/1870. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. 1871 Gaskell Romney (Mitts Grandfather) was born in Utah, the son of Miles Romney and Elizabeth Gaskell two British Subjects; thereby becoming a British Subject. 7 FAM 1121.3 Status of Inhabitants of Territories, Absent Laws Defining Status (TL:CON-66; 10-10-96) c. A child born in an outlying possession before January 13, 1941, whose father (or mother if the child was born out of wedlock) was a non-citizen U.S. national, was held to have acquired the parents status, and a child born there to alien parents was held not to have acquired U.S. Nationality. Therefore Gaskell Romney was not a US National. 1873 -Sep-15 Miles Park Romney: Marriage to Catharine Jane Cottam (1855-1918) in Salt Lake City - 10 children 1877 Aug-01 Miles Park Romney: Marriage to Annie Marie Woodbury (1858-1930) in St Specific Objections to Romney page 9 of 18

George Utah - 8 children The United States census lists Miles Park Romney, his two wives Hannah Hood Hill and Catherine Jane Cottam, and six of Hannahs children, including her son Gaskell who was eight years old at the time. 1881 1881 Miles Park Romney Moved to St George, Utah to build Temple. Miles Park Romney Moved to Az.

1882 The Edmunds Act stripped polygamists of the basic rights of U.S. citizenship, denying them the right to vote, serve on juries or hold office. Not dissimilar to current immigration raids, U.S. federal agents hunted and arrested polygamists. Polygamists were forced to leave the country or risk jail. 1886 Miles Park Romney started for Mexico with his family, Tom Mahoney The Story Of George Romney (1960). Gaskell Romney (Mitts Grandfather) was 15 years old; too young to ratify his citizenship in a US Court. His intention, and that of his parents, seems to be to become a permanent Mexican national or citizen. According to Mahoney: Mitt Romneys great-grandfather fled with his three wives to Mexico so they could continue their polygamist lifestyle with a multitude of other Mormon polygamists and settled there, cutting land deals with Mexican president, Porfirio Diaz using funds that came from The Mormon Church. President Diaz was happy to have the Mormon settlers there as a buffer against the Apache Indians. (pg.51) With others, Helaman Pratt obtained permission from Diaz for Miles Park Romney and other Mormon refugees to buy lands and establish colonies in Mexico. Partly with funds advanced by the Church, they purchased large, mostly undeveloped tracts in Sonora and Chihuahua. Diaz was happy to have colonists there as buffers against the Apache Indians 1887 The Edmunds-Tucker Act of 1887 was enforced. Archibald Newell Hood (Hannahs father) and her brother (Samuel) were arrested, fined, and imprisoned for several months in Salt Lake City for practicing polygamy. About 1,300 Mormon men were imprisoned in the late 1880s. 1890 9/24/1890 Mormon Church advised Mormons to refrain from polygamy. In 1890, The Mormon Church lost their case to the Supreme Court which upheld Edmunds-Tucker Act, so Utah came out with their Manifesto soon afterward which condemned plural marriage: The 1890 Manifesto, sometimes simply called The Manifesto, is a statement which officially disavowed the continuing practice of plural marriage in The Church of Jesus Christ of Latter-day Saints (LDS Church). Issued by church president Wilford Woodruff in September 1890, the Manifesto was a response to mounting anti-polygamy pressure from the United States Congress, which by 1890 had disincorporated the church, escheated its assets to the U.S. federal government, and imprisoned many prominent Specific Objections to Romney page 10 of 18

polygamist Mormons. The Manifesto was a dramatic turning point in the history of the LDS Church. It officially prohibited church members from entering into any marriage prohibited by the law of the land, and made it possible for Utah to become a U.S. state. Nevertheless, even after the Manifesto, the church quietly continued to perform a small number of plural marriages in the United States, Mexico, and Canada, thus necessitating a Second Manifesto during U.S. congressional hearings in 1904. In regards to the missionaries, the expatriate Mormons had to become Mexican citizens since missionary work by foreigners was prohibited by Mexican law at the time. Mexico only allowed citizens to conduct missions/missionary work. The Mormons operated missions in Mexico. 1891= 5 years + 1886 Under the operative immigration law of nations at the time, each government had a tacit agreement about such expatriates to avoid being put into delicate situations of having to defend Americans on foreign soil. This was operative when the Mormons fled Utah. The standard was that if an American stayed five or so years, each country would consider he had rejected his native countrys citizenship. This made Miles Park Romney and his son George Romney both Mexican Citizens. George W. Romney was born in Mexico, son of the head elder (Gaskell Romney), who was in Mexico for about 3 decades before George W. Romney's birth, said Gaskell Romney must have been a Mexican [or British] citizen. Therefore, Gaskell Romney could not bestow American citizenship, much less natural born citizenship to George W. Romney. Since George W. Romney [Mexican or British] was therefore not an American citizen, George W. Romney could not eventually bestow natural born citizen status to his son Mitt Romney. 1892 Gaskell Romney (Mitts Grandfather) became 21 years old; old enough to declare his citizenship in a US Court. But he lived in Mexico. His intention and that of his parents seemed to be to become a permanent Mexican national or citizen. He did not live in the United States for at least 5 years before his 23rd birthday in 1894. ----------------------------Minors (Children) Minor children were granted derivative citizenship when their father, or after 1922 their parent, was naturalized. This practice remained in place for children under the age of 21 from 1790 to 1940. There usually will be no record of a minor child's derivative citizenship unless he/she applied to the INS after 1929 for a certificate of citizenship. Between 1824 and 1906 an alien who arrived as a minor, had lived in the United States for at least 5 years before their 23rd birthday, and whose father had not become a U.S. naturalized citizen could file his declaration and petition at the same time. Although the forms used for this process varied from court to court, the declaration of intention and petition for naturalization are usually found on one form. Specific Objections to Romney page 11 of 18

http://www.ourarchives.wikispaces.net/Naturalization There is no evidence that Gaskell ever: arrived as a minor in the US, lived in the United States for at least 5 years before his 23rd birthday, filed his declaration or petition to be a US Citizen. Therefore, Gaskell was not a US Citizen. 1895 -Feb-20 Miles Park Romney married Anna Amelia Pratt (1876-1926) in Dublan, Chihuahua, Mexico. She was the grand daughter of Mormon Pioneer Parley Pratt. 1896 Utah becomes a State Jan 4, 1896

1897 -Feb-02 : Miles Park Romney married Emily Henrietta Eyring (1870-1947) in Dublan Mexico, widow of William Snow. They begat no children, but she already had two children from the Snow marriage. 1904 Miles Park Romney (Mitt's Great Grandfather) died at Colonia Dublan, Chihuahua, Mexico, evidencing his intent to remain a Mexican for life. -----------------------------------Women Early naturalization laws did not restrict naturalization for women and in theory alien women could apply for citizenship. However a variety of laws began to limit a woman's rights to naturalization culminating in a 1855 law that effectively restricted naturalization for women. The 1855 act held that "[a]ny woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen." Essentially the law said that a woman held the citizenship of her husband. For instance if a German woman immigrated to the United States and married a U.S. citizen, she automatically became a citizen. Or if a German couple immigrated to the United States and the husband was naturalized, his wife was considered a citizen by virtue of his naturalization. A strange quirk of this law was that if a woman who was a native-born U.S. citizen married a foreigner, the U.S. government considered that she had given up her U.S. citizenship in favor of her husband's citizenship. This was a matter of debate for some time but an act in March of 1907 codified it in law. Few women pursued naturalization before 1920 because women couldn't vote - the major right of citizenship - and in many places couldn't own property. Following the passage of the 19th Amendment which gave women the right to vote, there was a movement to change the laws relating to naturalization of women. Many asked why a woman should automatically be granted the right to vote through marriage. Congress passed the Married Women's Act (the Cable Act) on September 22, 1922. Women were now able to apply for naturalization on their own. Included in the Cable Act, was a provision to allow American born women who had lost their citizenship due to their marriages to foreigners to file petitions to become citizens. Many U.S. born women who had married foreign citizens Specific Objections to Romney page 12 of 18

did not believe they should have to file for a citizenship to which they had been born. In 1936 Congress passed a new act that allowed U.S. born women who had married foreigners between 1907 and 1922 to take an oath of allegiance (sometimes mistakenly called a repatriation petition). http://www.ourarchives.wikispaces.net/women --------------1904 Second Manifesto of Church during U.S. congressional hearings in 1904 rejecting Polygamy. 1907 George W. Romney (Mitt's father) was born in Mexico. George W. Romney was born in a Mormon Colony, Colonia Dubln, in Galeana, State of Chihuahua, Mexico, on July 8, 1907. His parents were Gaskell and Anna Amelia Pratt Romney, both ex-patriot British citizens who were born in Utah and who met and married in Mexico, and who seem to have become Mexican Citizens. George W. Romney's birth on foreign soil, raises the question of citizenship by descent of children born to American citizens on foreign soil. Citizenship lies in two concepts of international law: a) birth in-country, or jure soli (by right of the soil) by which George would be Mexican; or b) from birth outside the country to parents who are citizens, jure sanguinis (by right of blood). George was born in Mexico of British Subjects or Mexican Citizens, so he is either: by jure soli (by right of the soil) a Mexican Citizen, or by jure sanguinis (by right of blood), a British Subject or Mexican Citizen. 1908 Mitts mother, Lenore Romney, was born in Logan, Utah on November 9, 1908. She was an American citizen at birth. 1913 George & parents move to El Paso refugee center. They were temporary exiles. George said: "We were the first displaced persons of the 20th century." Mitt Romney has repeated this admission and thus adopted it as his own. A displaced person (sometimes abbreviated DP) is a person who has been forced to leave his or her native place, a phenomenon known as forced migration. Displaced person - Wikipedia, the free encyclopedia en.wikipedia.org/wiki/Displaced_person displaced person n. One who has been driven from one's homeland by war or internal upheaval. The American Heritage Dictionary of the English Language, Fourth Edition copyright 2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. All rights reserved. displaced person a person forced from his or her country, esp. as a result of war, and left homeless elsewhere Specific Objections to Romney page 13 of 18

Webster's New World College Dictionary Copyright 2010 by Wiley Publishing, Inc., Cleveland, Ohio. Used by arrangement with John Wiley & Sons, Inc. displaced person noun a person driven or expelled from his or her homeland by war, famine, tyranny, etc. Abbreviation: DP, D.P. Origin: 194045 Dictionary.com Unabridged Based on the Random House Dictionary, Random House, Inc. 2012. Definition of DISPLACED PERSON : a person expelled, deported, or impelled to flee from his country of nationality or habitual residence by the forces or consequences of war or oppression abbr. DP http://www.merriam-webster.com/dictionary/displaced%20person displaced person noun 1. someone who has been forced to leave their own country and live somewhere else, for example because there is a war in their own country http://www.macmillandictionary.com/dictionary/british/displaced-person The use by George Romney of the phrase: Displaced Person is thus an admission that George Romney regarded his native place, country of nationality, own country, nationality, and homeland as Mexico. 1938 Twenty-six years after the Romneys were forced from Mexico, the case of "Gaskell Romney vs. United States of Mexico" was heard in Salt Lake City in 1938. Gaskell requested $28,753 in damages. He was awarded $9,163, court records show a sizable amount then. The records say Gaskell gave half of the award to his son, George, which would have helped to put him on his road to becoming chairman of American Motors and governor of Michigan. 1947 Mitt Romney was born in Detroit, Michigan on March 12, 1947. His parents were George W. Romney [Mexican or British by blood or Mexican by birth in Mexico] and Lenore LaFount Romney, who married in Salt Lake City on July 2, 1931. At the time of his birth, Mitts father served as general manager of the Automobile Manufacturers Association, in Detroit. 1967 According to an October 15, 1967 New York Times interview with George Romney, who was then seeking the 1968 Republican nomination for President of the United States, it appears that he did not at any time apply for naturalization. According to the Times report, Governor Romney said today that the question of his constitutional eligibility for office had been studied by lawyers and that he believed it posed no problem Governor Romney said that he did not have to file any papers to become an American citizen since both his parents had been born in the United States

Specific Objections to Romney

page 14 of 18

However, both George's parents were Mexican Citizens, or British Subjects, when George was born.

Wherefore: Objector challenges Mitt Romney and or his agents to prove that both of
his parents at the time of his birth were US Citizens; particularly Mexican born George Romney. I specifically object to the the Letter to designate the unqualified candidate, Mitt Romney, as a candidate for President on the NY Primary Ballot.
Objector objects on the basis of the U.S. Constitution Article 2 Section 1 paragraph 5 (1) eligibility natural-born Citizen. Objector cautions the New York State Board of Elections against using as a criteria the novel inapplicable phrase Born a Citizen (under Running for Office at BOE website), instead of the Constitutional term natural born Citizen. The Natural Born Citizen idiom was selected by the Framers of the U.S. Constitution to conform with the concerns of the People of New York who were intent to safeguard sovereignty, to reflect history and practice of the Law of Nations(2) since Ratification of the Constitution by the State of New York, July 26, 1788, and that as defined by the Legislature by statute example in the Real Property Law Article 2 Section 18 (3),and as relates to matters of inheritance, that have since been upheld by the State of New York Court of Appeals in its precedents that also conform with precedents of the Supreme Court of the United States (SCOTUS) before and after the addition of the 14th amendment that did not amend the Natural Born Citizen idiom, or warrant any assertion by the NYS BOE, other than natural-born Citizen. The BOE may not paraphrase the Constitution to change its meaning to some ill-defined or differently defined born a citizen term, as indicated on the BOE's website this election for the very first time. There is no state statutory provision warranting NYS BOE to use Born a Citizen per se rather than Natural Born Citizen; and therefore, is strictly a U.S. Constitutional Article 2 Section 1 Paragraph 5 Natural Born Citizen eligibility issue that the NYS BOE must conform to, in compliance with the body of common law of the New York Courts (4), and in accordance with SCOTUS precedents (5) that are contrary to Born a Citizen idiom use.

Objector notes that my mother explained to me, when I was a child: that she could never be President, because she was a naturalized citizen; but, the fact that she had naturalized before the birth of her children, and married a another U.S. citizen, meant that I could be President. It is interesting that this once-common Constitutional knowledge, of an immigrant, seems to have been somehow obscured by the last few decades. As required, prior to filing this Specification of Objections, a true and correct copy of it, together with any and all attachments was mailed by, registered or certified mail Certificate 7011 1570 0003 5313 __________ to the only person and address named on the Romney's Document as the Representative of the Candidate for service of this notice: Miss Megan Sowards Specific Objections to Romney page 15 of 18

Deputy General counsel for Mitt Romney 585 Commercial Street Boston, MA 02109 Proof of such Service is attached hereto in the form of a copy of the certified mailing receipt for the same and Certificate of Service. Feb. 27, 2012 Signed Christopher B. Garvey (Republican Objector) Endnotes Exhibits 1 to 5

Specific Objections to Romney

page 16 of 18

U.S. Constitution Article II Section 1 paragraph 5:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
2

Emer de Vattel, The Law of Nations, (London 1797) (1st ed. Neuchatel 1758)

NYS RPL 18. Mines in Saint Lawrence county. The proprietors of any mines or veins of lead or copper in the county of Saint Lawrence, may demise, lease, or rent the same for a period not to exceed twenty-one years from the date of any such lease, to any foreign individual or company, and such lessee may take, hold, work, use or convey the same during the said term, in the same manner and subject to the same liabilities as if such lessee were a natural born citizen.
4

New York Miscellaneous Reports

PEOPLE v. QUIROGA-PUMA, 18 Misc.3d 731 (2007) No. LX6701631. MATTER OF BROWN, 132 Misc.2d 811 (1986) July 7, 1986 . AGOSTINI v. DE ANTUENO, 199 Misc. 191 (1950) February 20, 1950. PEOPLE EX REL. CHOOLOKIAN v. MISSION OF IMMAC. VIRGIN, 192 Misc. 454 (1947) December 30, 1947. New York Appellate Division Reports WILLIAMS v. VILLAGE OF PORT CHESTER, 97 App. Div. 84 (1904) July, 1904 New York Court of Appeals Reports MUNRO v. MERCHANT, 28 N.Y. 9 (1863) September Term, 1863 LUDLAM v. LUDLAM, 26 N.Y. 356 (1863) March Term, 1863. WADSWORTH v. WADSWORTH, 12 N.Y. 376 (1855) March Term, 1855 McCARTHY v. MARSH, 5 N.Y. 263 (1851) September Term, 1851 HOYT v. THOMPSON, 5 N.Y. 320 (1851) September Term, 1851 Lynch v. Clarke, 1 Sand.Ch. 583, 659-663 (N.Y. 1844)
5

Minor. v. Happersett: 88 U.S. 162 (1875), 21 Wall. 162, and 22 L. Ed. 627

Cases citing Minor: Boyd. v. Nebraska, 143 U.S. 135 (1892); Rogers v. Bellei, 401 U.S. 815 (1971); City of Mobile v. Bolden, 446 U.S 55 (1980); Baldwin v. Fish & Game Commm of Montana, 436 U.S 371 (1978) ; Breedlove v. Suttles, 302 U.S. 277 (1937); US v. CLASSIC, 313 U.S. 299 (1941); Colgate v. Harvey, 296 U.S. 404 (1935); Coyle v. Smith, 221 U.S. 559 (1911); Hague v. Committee For Industrial Organization, 307 U.S. 496 (1939); Hamilton v. Regents, 293 U.S. 245 (1934); Harris v. Mcrae, 448 U.S. 297 (1980); Kansas v. Colorado, 206 U.S 47 (1907); Kepner v. U.S., 195 U.S. 100 (1904); Kramer v. Union Free Sch. Dist., 395 U.S. 621 (1969); Lynch v. Overholser, 369 U.S. 705 (1962); N.Y. Ex Rel. Bryant v. Zimmerman, 278 U.S. 63 (1928); Rodriguez v. Popular Democratic Party, 457 U.S. 1 (1982); Rogers v. Bellei, 401 U.S. 816 (1971); Schick v. U.S., 195 U.S. 65 (1904); Snowden v. Hughes, 321 U.S. 1 (1944); South Carolina v. US, 199 U.S. 437 (1905); In Re Summers, 325 U.S. 561 (1945); U.S. v. Wong Kim Ark,169 U.S. 649 (1898); Williams v. Rhodes, 393 U.S. 23 (1968) Ex Parte Lockwood, 154 U.S. 116 (1894), that is essentially the holy grail of support for Minor v. Happersett, as it states:In Minor v. Happersett, 21 Wall. 162, this court held that the word citizen is often used to convey the idea of membership in a nation, and, in that sense, women, if born of citizen parents within the jurisdiction of the United States, have always been considered citizens of the United States, as much so before the adoption of the fourteenth amendment of the constitution as since (Emphasis added) and also the City of Mobile v. Bolden, 446 U.S. 55 (1980)

Elk v. Wilkins, 112 U.S. 94 (1884)

Inglis v. Sailors Snug Harbor, 28 U.S. 99, 3 Pet. 99, 7 L.Ed. 617 (1830) therein C.J. John Marshal on how New York law and British common law apply before and after 1776 Independence affects the right to take land in controversy by descent in New York:

MNEY
BELIEVE
February I4,20 12
The Honorable Todd Valentine Co-Executive Director New York State Board of Elections 40 Steuben Street A1bany, NY 17207-2 108

I N AMERICA

Dear Mr. Valentine:

After filing our slate of congressiona1 district delegates and alternate delegates on February 10. 20 12 pursuant to N.Y. Elec. Law 5 2-122-b (3)(d), we became aware that Edward Forst and William Kourakos. included on our slate as 1sthCongressional District delegate and altemak delegate candidates respectively, are unable or ineligible to serve. As such, we hereby withdraw their candidacies and submit the following revised slate of congressional district delegates and alternate delegates for the 18"' Congressional District:

Delegates
18

Alternate Delegates

Vincent D. Reda 39 1'' Street New City.. NY I0956

Matthew J. Doherty 206 Alpine Place Tuckahoe, NY 10707

Steven Price 15 Heathcote Road Scarsdale, NY 10583

John P. C h i l l 84 Northview Terrace Yonkers, NY 10703

In addition, please find attached a complete election prioritized list of proposed congressional district delegates and alternate delegates that reflects these changes. Thank you for your assistance with this important matter. Should you have any questions, please contact me at (857) 288-3554. Sincerely,
4.-

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Megan Sowards Deputy General Counsel

www. MittRornney.com
Paid far by Romney for President, Inc.
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Romney CD Delegates and Alternate Delegates

pg.1

Rornnev for President Congressional District Delegates and Alternate Delegates * Revised 2,' I 51 I 2.

CD
1

Dele~ates
WiIlian~ Manger Jr. M. Fairlea Road Southampton, NY 11968

A ternate Delegates 1
William 6.Ellis 143 Fifty Acre Road South Srnithto~w, t 1737-2034 NY

John Jay Lavalle 9 Eagles Landing Court Mount Sinai, NY 1 1766

Anthony Pancel [a III 1 15 Marie Street Lindenhurst, N Y 11757- 1206

Jesus A. Garcia 3 7 Setauket Trail Ridge. NY 1 1961-2226

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John J. Flanagan 4 Cayuga Avenue

Toni P. Rettaliata-Tepe 503 Caledonia Road Djx XlilEs, NY 1 1716-7713 John Venditto 1 15 Kings Avenue North Massapequa, NY 1175 8
Kate P. Murray 59 Knoll Lane Levittown, NY 1 1 756
Joseph J. 1Ra 105 Pacific Avenue Franklin Square, NY 1 10 1 0

East Nortl~port, NY 1 1 73 I - 1006 y ' r; :

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Philip M. Boyle 13 Jefferson Street East Islip, NY 11730- E 807 Joseph N.Mondello 3 1 Laurel Cove Road Oyster Bay, NY 1 177 1

Rick A. Lazio
1 26 South Windsor Avenue Brightwaters, NY 1 I7 18- 1506

Joseph G. Cairo, Jr. 40 Parkwold Drive West Valley Stream, NY 11580

Anthony J. Santino 7 Rose Lane East Rockaway, NY 1 15 i 8

John 0, Kiernan 209 Park Avenue WilIiston Park, NY 1 1596

James A. Garner 200 Hilton Avenue, Apt. 64 Hempstead, NY 11550 Linda H. Green 63 Shadyside Avenue Port Washington, NU I 1050

Lee Tu
104 A1bertson Parkway AIbettson, NY 1 1507

Eric Zausner 50 Soundview Drive Port Washington, NY 1 1050

Rornney CD Delegates and Alternate Delegates Pg.2

Delegates

A1 tenlate Delegates

Patricia A d a m 155-19 Lahn Street Howard Beach, NY 11414

LatchIan Budhai 97-30 129'~ Street, PH
So. Richmond Hill. NY 1 1419

Michelle Donaldson 174-05 Linden Blvd. Jamaica. NY I1434

John D. Calcagnile 16 1-46 971h Street
Howard Beach, NY 1 14 14

Anthony J. RibustelIo 14 14 Robertson Place Bronx. NY 10465

Myrna P. Littlewort 80-30 47 Avenue, ZFL Elmhurst, NY 11373

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Anthony P. Nunziato 56-04Rernsen Place Maspeth, NY 1 1 3 78

John E.Waldron 15 Central Park West, #SD New York, NY 10023 Daniel S. Senor 10 I Warren Street, Apr. 2810 New York, NY 10007

Joan M. Vogt 13-17 123 Street, PVT College Point. NY 1 1356

Tara M. Snow 260 West 52"dStreet, 20A New York, NY 1 00 19

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Eugene Pevzner
65 Ocean Court

Brooklyn, NY 11235
Amy Holden 74- 19 CaIdwell Avenue Middle Village, NY 1 1379

Eric A. Ulrich 101-24 91 Street Ozone Park, NY 114 I 6

Anthony Testaverde 2088 Bragg Street Brooklyn, NY 1 1229
10

Margaret Ognibene 44-82 83rdStreet Middle Village, NY 113 79

Christopher L.Larson 85 Hudson Avenue, 2A Brooklyn, NY I1201 Diane Haslelt-Rudiano 258 Schenck Avenue, #2 Brooklyn, NY 11207

Henry C. Snead, Sr. 289 Hancock Street Brooklyn, NY 1 12 16

Belinda Lindros
1325 Pennsylvania Avenue, Apt. 17C

Brooklyn, NY 1 I239

Rornney CO Delegates and Alternate Delegates pg.3

Delegates

Alten~ate Delegates
Nancy Schacller 85 Livingston Street, I GD Brooklyn. NY 11201

II

MariIyn Miller 1272 Bergcn Street, #2 BrookIyn. NY 11213

Francis Voyticky 4 1 Eastem Parkway, PHA Brooklyn, N Y 1 1 23 8

Joseph F. Messineo 106 lS"1ace Brooklyn, NY 11231

Jacqueline Haro 59 Kent Street, Apt. 4F Brooklyn, NY I 1222
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Paul A. Kerzi~er 58-4 1 69"%venue Ridgewood, N Y 113.85

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Michael 3. Tracer 5903 7'h Avenue, 3R Brooklyn, NY 1 1220

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Timothy L. Reynolcls 56 Spring Street, 3 FL New York, NY 10012

Lisa Grey 209 Cotter Avenue S taten Island. NY 10306

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Martin J. Golden 85 80Ih Street BrookIyn, NY 11209

Guy V. Molinari 3465 Amboy Road, 1C Staten Island, NY 10306

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Lou Tobacco 223 Finlay Street Staten Island, NY 10307

Robert W. Johnson 834 Avenue, 12A New York, NY 10065

Joim C. Whitehead 16 Sutton Square New York, NY 10022

Randy Levine 245 East 5gth Street, 5D New York, NY 10022
Constance S. Pond 15 Ciaremont Avenue, 63 New York. NY 10027

William F. Weld 121 ~ a s61" Street t New York, NY 10065

15

David R. Malpass
275 Central Park West, Apt. 93 1

New York, NY 10024

Robert G. Hubbard 15 Claremont Avenue, 63 New York, NY 10027

Adele MaIpass
275 Central Park West. Apt, 9B New York, NY 10024

Rornney CD Delegates and Alternate Delegates

pg.4

a
16

Delegates

-41 ternate Delegates

Shemeen Chappell
1975 Grand Avenue, 4F Bronx, NY 10453

Ebone Ryals 2710 Sedgwick Avenue, 1E Bronx, NY 10468

Ernest Kebreau, Jr. 2043 Creston Avenue, #25 Bronx, NY 10453

Earl Hayde 27 10 Sedgwick Avenue, l E Bronx, NY 10468

Marytheresa Milillo 1 I S. Highland Avenue

Pearl River, NY 10965-1616

Maureen M.Dougher 32 Tallman Place Nyack, NY 10960

Matthew 3. Doherty 206 Alpine PIace Tucknhoe, NY 10707

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Vincent D.Reda 39 1" Street New City, NY 10956

John P. Cahill 84 Northview Terrace Yonkers, NY 10703 EmiI W. Henry, Jr. 161 Cantitoe Street Katonah, NY 10536

Steven Price 15 Heathcote Road Scarsdale, NY 105 83

Sue W, KelIy 187 Jay Street Katonah, NY 10536 Donald B. Smith I 4 1 Dykeman Road Camel, NY 105 12-5049

Gregory R. Ball 683 Route 3 1 1 Patterson, NY 12563-2602

Marcus J. Molinaro 47 Prince Street Red Hook, NY 12571

Michael McCorrnack 1 8 Beaver Edge Road Rhinebeck, NY 12572

John J. Fasa
14 Sylvester Street Kinderhook, NY 12106

Patricia J. Hohmaun 47 Connelly Drive Staatsburg, NY 12580

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Michael 5. Qolan 12 Laurel Road S foatsburg, NY 10974-13 12

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Romney CD Delegates and Alternate Delegates

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CD
21

Delegates

Alternate Delegates

Robert M. Cole
1520 Myron Street Schenectady, NY 12309

George A. Amedore, Jr.

633 Gi ffords Chlarch Road Schenectady, NY 12306-5315

Robert Mu-jica 153 Eagle Street Albany, NY 12202

22

Lewis L. Wilson 168 Grandview Drive Cobleskill, NY 12043

David E.Petrovits 120 Hudson Pointe Drive Poughkeepsie, NY 1260 1
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Donald 5. Leonard 16 Park Street Spencer, NY 14883

David F. O'Halloran 230 Boice Mill Road Kerhonkson, NY 12446

23
William A. Barclay 4312 State Route #13 Pulaski, NY 13142

Debra A. Preston 1239 Conklin Road Conklin, NY I3 748-9505

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DonaId G. Coon, 111 22085 River Bend Drive Watertown, NY 13601

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Mary C. Hoilinshead 75 Park Street Malone, NY 12953

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Donald F. Lee 16 Ilene Drive Morrisonville, NY 12962

Marc Butler

Michael F. Nozzolio 3929 Rosewood Drive Seneca Falls, NY 13148

Joseph A. Griffo 1406 North George Street Rome, WY 13440

3 106 North Street Newport, NY 13416 Raymond A. Meier 8600 Elmer Will Road Rome, NY 13440
James T. Walsh 400 Broadview Drive Syracuse, NY E 32 15 Thomas V. Dadey, Jr. 1 10 Guilford Road Syracuse, NY 13224

25

Daniel A. Olson 2728 Layton Street Road Lyons, NY 14489-9013

Jane F. Lufius
3358 Kane Avenue Skaneateles, NY 13 152

Romney CD Delegates and Alternate Delegates pg-6

Delegates
26

Ahernate Delegates
Michael El. Ranzenhofer 57 Lord Byron Lane WilIiamsville, N Y 1422 1

Daniel R. Centinello
474 PIeasant View Drive Lancasrer, NY 14086

Henry Wojtaszek 620 b s t Goundry Street Worth Tonaivanda, NY 14 120

27

Michael Noiris 3 1 Briarmod Drive Lockport, NY 14094

Timothy B. Howard I I523 Carpenter Road South Wales, NY 141 39

Jack Quiim 1 Main Street, Unit 2 Hamburg, NY 14075

Gregory J. Edwards 27 14 Garfield Road Jarnestown, N Y 1470I

Allan D. Hendrickson 2 1 Winsor Place Jarnestowl?,NY 14701
Christine M. Pilozzi 82 Clinton Street Tonawanda, N Y 14 150
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George D.Maziarz 6905 Ridge Road Lockpart, NY 14094

Debora Michaux 301 White Oak Lane Grand Island, NY 14072

29

Timothy M. Doolittle 45 Grimsby Road, W Buffalo, NY 14223

Thomas F. O'Mara 62 Quail Run Elmira, NY 14903 Catharine M. Young 1 02 Inwood Drive Olean, NY 14760-1758

Robert L. Clwistman, Jr. 3 174 State Route 19

WeIlsvilte, N Y 14895

Brian M. Kolb 128 Kennedy Street Cmandaigua, NY 14424

Christopher B. Garvey v. NEW YORK STATE BOARD OF ELECTIONS et al VERIFIED PETITION FOR WRIT OF MANDAMUS WITH TRO AND INJUNCTION

Exhibit F

Specification of Objections to the Letter from Rick Santorum AKA Richard John "Rick" Santorum as a Request for Ballot Access in the New York Primary Election for Republican Candidate for President of the United States
or any other named Republican Nominating or Designating Certificate or Petition or Request Designating Rick Santorum AKA Richard John "Rick" Santorum as a Candidate for President Filed with the NYS Board of Elections on February 21, 2012 Christopher B. Garvey Republican Objector 16 Nicoll Ave. Amityville, NY 11701-3018 phone 1 631 598 0752 email objectorCG@verizon.net 02/25/12 CERTIFIED RETURN RECEIPT #7011 1570 0003 5313 _____ To: Election Operations NEW YORK STATE BOARD OF ELECTIONS, 40 Steuben Street Albany New York 12207 Further to my General Objection mailed on Tuesday, 02/21/2012, I, Christopher B. Garvey (Republican Objector) specifically object to the: Letter from Rick Santorum, a Request for Ballot Access in the New York Primary Election for Republican Candidate for President of the United States, and giving no return address, and document[s] naming delegates and alternates: I refer for document identification to: http://www.elections.ny.gov:8080/reports/rwservlet?cmdkey=whofiled List of Filings for the Presidential Primary Office: President Republican
Rick Santorum 02/21/2010 Vols. 0 Pages 0 Supporting

Objector resides and is registered to vote as a Republican at: 16 Nicoll Ave. Amityville, NY 11701-3018 phone 1 631 598 0752 Objector is a duly registered Republican New York voter in the 2012 election cycle, and is qualified to vote for in the New York Primary for President of the United States.

Specific Objection Santorum

page 1 of 10

I hereby specify the following objections:

The Document contains no return address for the service of objections, or of summons and complaint, on the Candidate. The designated candidate Rick Santorum AKA Richard John "Rick" Santorum is not eligible for the Office of President of the United States and is therefore not eligible to run in the next New York Primary for President of the United States. Objector challenges the Certification of both the declared candidate Rick Santorum AKA Richard John "Rick" Santorum and all the filing documents as a nullity, against the Constitution of the United States, and against public policy, in that Rick Santorum AKA Richard John "Rick" Santorum is not eligible for the Office of the President of the United States because he is not a Natural Born Citizen as is required under New York State law in compliance with the U.S. Constitution Article 2 Section 1 paragraph 5 and New York provision of law defining Natural born Citizen.
No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.

A Natural Born Citizen is a person born in the United States of two United States Citizens. Rick Santorum's father was an Italian Citizen, who immigrated to the United States. Rick Santorum is the middle of the three children of Aldo Santorum (1923 2011), a clinical psychologist who immigrated to the United States at age seven from Riva del Garda, Italy,[15] and Catherine (Dughi) Santorum (1918), an administrative nurse[15][16][17] of Italian American and Irish American descent. [18] http://en.wikipedia.org/wiki/Rick_Santorum On Feb. 7, 2012, Rick Santorum publicly admitted that he is a first generation American: I never thought as a first-generation American whose parents and grandparents loved freedom and came here because they didn't want the government telling them what to believe and how to believe it. http://transcripts.cnn.com/TRANSCRIPTS/1202/07/acd.02.html I found no information indicating that the Candidate's father, Aldo Santorum, ever naturalized as a United States Citizen. Therefore, Candidate Rick Santorum is not a A Natural Born Citizen ... a person born in the United States of two United States Citizens. Therefore he is not Constitutionally
Specific Objection Santorum page 2 of 10

qualified to be President of the United States. He must not be placed on any New York ballot for election to that office. Therefore all the designating documents must be rejected as defective.
New York State has case law on the term Natural Born Citizen because among other reasons, New York State Law prohibited all but Natural Born Citizens from owning mines: Real Property Law 18 Mines in Saint Lawrence county. 18. Mines in Saint Lawrence county. The proprietors of any mines or veins of lead or copper in the county of Saint Lawrence, may demise, lease, or rent the same for a period not to exceed twenty-one years from the date of any such lease, to any foreign individual or company, and such lessee may take, hold, work, use or convey the same during the said term, in the same manner and subject to the same liabilities as if such lessee were a natural born citizen. Law of Nations According to Emmerich de Vattel, The Law of Nations Section 212: (1757) The natives, or natural born citizens, are those born in the country, of parents [both] who are citizens. The Law of Nations, was written by Emmerich de Vattel, a Swiss-German philosopher of law. In that book, the following definition of a natural born citizen appears, in Book I, Chapter 19, 212, of the English translation of 1797 (p. 110) see Exhibit 2 [annotations of uncertain origin]: 212. Citizens and natives. The citizens are the members of the civil society: bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives, or natural-born citizens, are those born in the country, of parents who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. . . . The French original of 1757, on that same passage read thus: Les naturels, ou indigenes, sont ceux qui sont nes dans le pays de parents citoyens, . . . The terms natives and natural born citizens are English terms; used to render the idea conveyed by the French phrase les naturels, ou indigenes: but both referred to the same category of citizen: one born in the country, of parents who were citizens of that country. In the political philosophy of Vattel, the term naturels refers to citizens who are such by the Law of Nature, that is by the natural circumstances of their birth which they did not choose; the term indigenes is from the Latin, indigenes, which like the English, indigenous, means begotten from within (inde-genes), as in the phrase the indigenous natives are the peoples who have been born and lived there for generations. Hence the meaning the the term, natural born citizen, or naturels ou indigenes is the same: born in the country of two parents who are citizens of that country. Vattel's term, natural born citizen appears in a letter [Ex 4] of the future Supreme Court Justice, John Specific Objection Santorum page 3 of 10

Jay, to George Washington during the Constitutional Convention. John Jay wrote, 1787 July 25 New York, Letter from John Jay to His Excellency General Washington, [Exhibit 4]: Permit me to hint, whether it would not be wise and reasonable to provide as a strong check to the admission of foreigners into the administration of our national government; and to declare expressly that the Command in Chief of the american army shall not be given to, nor devolve on, any but a natural born Citizen. --- . Benjamin Franklin wrote [Exhibit 1] from Philadelphia Dec. 19, 1775 that the members of the Continental Congress were consulting a copy of Vattels book to complete their work . I'm much obliged by the kind present you have made us of your edition of Vattel. It came to us in good season, when the circumstances of a rising State make it necessary frequently to consult the law of nations. Accordingly that copy which I kept... has been continually in the hands of the members of our Congress now sitting, who are much pleased with your notes, and preface, and have entertained a high and just esteem for their author.... 1794 The Senate made its first purchases: Blackstone's Commentaries and Vattel's Law of Nature and Nations. Exhibit 3. Exhibit 5 is a my own Venn diagram of types of citizen in early America.

Specific Objection Santorum

page 4 of 10

Marriage gave women their husband's citizenship automatically. So both parents had same nationality [except out-of-wedlock]: that of the husband-father. There was no divided loyalty objection, because there was no divided parent citizenship. So father's citizenship meant both parents' citizenship. In 1922 a change in US law eliminated marriage's automatic change of the wife's citizenship, Married Women's Act (the Cable Act). Today, it is possible to have one parent who is not a US citizen, which creates a divided loyalty obstruction to becoming Commander-in-chief. For example, such a conflict of divided loyalty might arise if one's adopted father was an official of the Indonesian Army and a Citizen of Indonesia. For such an example, see: Obama Dreams of My Father. The Venus, 12 U.S. 8 Cranch 253 253 (1814) Decided in A.D. 1814, at the beginning of the republic, decided by men who were intimately associated with the American Revolution. In that year the following judges sat on the Supreme Court: Bushrod Washington, (b. June 5, 1762 d. Nov. 26, 1829), served Feb. 4, 1799 til Nov. 26, 1829. John Marshall (b. Sept. 24, 1755 d. July 6, 1835), served Feb. 4, 1891 til July 6, 1835. William Johnson (b. Dec. 27, 1771 d. Aug. 4, 1834), served May 7, 1804, til Aug. 4, 1834. Henry Brockholst Livingston (b. Nov. 25, 1757 d. Mar. 18, 1823), served Jan. 20, 1807 til March 18, 1823 Specific Objection Santorum page 5 of 10

Thomas Todd (b. Jan. 23, 1765 d. Feb. 7, 1826), served May 4, 1807 til Feb. 7, 1826. Gabriel Duvall (b. Dec. 6, 1752 d. Mar. 6, 1844), served Nov. 23, 1811 til Jan. 14, 1835. Joseph Story (b. Sept. 18, 1779 d. Sept. 10, 1845), served Feb. 3, 1812 til Sept. 10, 1845 Nearly all these men either participated in the American Revolution, or their fathers did. Joseph Storys father took part in the original Boston Tea Party. Thomas Todd served 6 months in the army against the British; and participated in 5 Constitutional Conventions from 1784-1792. During the Revolutionary War, Henry Brockholst Livingston was a Lieutenant Colonel in the New York Line and an aide-decamp to General Benedict Arnold, before the latters defection to the British. William Johnsons father, mother, and elder brother were revolutionaries, who served as statesman, rebel, or nurse/assistant to the line troops, respectively. John Marshall was First Lieutenant of the Culpeper Minutemen of Virginia, and then Lieutenant in the Eleventh Virginian Continental Regiment, and a personal friend of General George Washington; and debated for ratification of the U.S. Constitution by the Virginian General Assembly. Bushrod Washington was George Washingtons nephew and heir. Being witnesses and heirs of the Revolution, they understood what the Framers of the Constitution had intended. The Venus case regarded the question whether the cargo of a merchantman, named The Venus, belonging to an American citizen, and being shipped from British territory to America during the War of 1812, could be seized and taken as a prize by an American privateer. But what the case said about citizenship, is what matters here. WHAT THE VENUS CASE SAYS ON CITIZENSHIP In The Venus Case, Justice Livingston, who wrote the unanimous decision, quoted the entire 212nd paragraph from the French edition of Vattel supra, using his own English, on p. 12 of the ruling: The citizens are the members of the civil society; bound to this society by certain duties, and subject to its authority, they equally participate in its advantages. The natives or indigenes are those born in the country of parents who are citizens. Society not being able to subsist and to perpetuate itself but by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights. The inhabitants, as distinguished from citizens, are strangers who are permitted to settle and stay in the country. Bound by their residence to the society, they are subject to the laws of the state while they reside there, and they are obliged to defend it In 1863, the New York State Court of Appeals in Ludlum v Ludlum , 26 N.Y. 356 (1863 March Term) defined Natural Born Citizen. In 1866, Rep. John Bingham, author of the 14th Amendment, in the Congressional Globe, 39th , 1st Sess. Pg 1291 (March 9, 1866) stated: ...every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign sovereignty is, in the language of your Constitution itself, a natural born citizen. This demonstrates that the 14th Amendment did not apply to the children of Italian Citizens, who retained their own nationality. Note the reference to a singular child of plural parents, not owing allegiance to any foreign sovereignty. Both parents must not owe allegiance to any foreign Specific Objection Santorum page 6 of 10

sovereignty for the child to be a Natural Born Citizen. Aldo Santorum was an Italian Citizen born on Italian soil. If Aldo didn't naturalize, then Aldo never became a US citizen. His son Rick Santorum, may or may not be a Citizen, by his birth May 10, 1958 in Winchester, Virginia,: jure soli (by right of the soil). If Rick took his Italian Father's Italian citizenship, then Rick is an Italian Citizen. If Rick took his mother's citizenship, and his mother is a US Citizen, then then Rick is a US Citizen. But, Aldo's son, Rick Santorum, lacks two US citizen parents who were citizens at the time of Rick's birth. He is not a Natural Born Citizen as required by the Constitution. He has at least one parent who is not a US citizen, which creates a divided loyalty obstruction to becoming Commander-in-chief.
Objector objects on the basis of the U.S. Constitution Article 2 Section 1 paragraph 5 (1) eligibility natural-born Citizen. Objector cautions the New York State Board of Elections (BOE) against using as a criteria the novel inapplicable phrase Born a Citizen (under Running for Office at BOE website), instead of the Constitutional term natural born Citizen. The Natural Born Citizen idiom was selected by the Framers of the U.S. Constitution to conform with the concerns of the People of New York who were intent to safeguard sovereignty, to reflect history and practice of the Law of Nations(2) since Ratification of the Constitution by the State of New York, July 26, 1788, and that as defined by the Legislature by statute example in the Real Property Law Article 2 Section 18 (3),and as relates to matters of inheritance, that have since been upheld by the venerable State of New York Court of Appeals in its own most stringent precedents that also conform with precedents of the Supreme Court of the United States before and after the addition of the 14th amendment that did not amend the Natural Born Citizen idiom, or warrant any assertion by the NYS BOE, other than natural-born Citizen. The BOE may not paraphrase the Constitution to change its meaning to some ill-defined or differently defined born a citizen term, as indicated on the BOE's website this election for the very first time. There is no state statutory provision warranting NYS BOE to use Born a Citizen per se rather than Natural Born Citizen; and therefore, is strictly a U.S. Constitutional Article 2 Section 1 Paragraph 5 Natural Born Citizen eligibility issue that the NYS BOE must conform to, in compliance with the body of common law of the New York Courts (4), and in accordance with SCOTUS precedents (5) that are contrary to Born a Citizen idiom use.

Objector notes that my mother explained to me, when I was a child, that she could never be President, because she was a naturalized citizen. But, the fact that she had naturalized before the birth of her children, and married a another U.S. citizen, meant that I could be President. It is interesting that this once-common Constitutional knowledge, of an immigrant, seems to have been somehow obscured by the last few decades.

Wherefore: Objector challenges Rick Santorum and or his agents to prove that both of his
parents, especially his father, at the time of his birth, were US Citizens.

Specific Objection Santorum

page 7 of 10

Should Rick Santorum be unable or unwilling to provide this NY State Board of Elections his Father Aldo Santorum's Certificate of Naturalization, dated before Rick's birth on May 10, 1958, then this board must not place Rick Santorum on the ballot for President, because he is Constitutionally unqualified for that Office. As required, prior to filing this Specification of Objections, a true and correct copy of it, together with any and all attachments was mailed by, registered or certified mail Certificate 7011 1570 0003 5313 5110 to the address named on the Santorum Document as the Representative of the Candidate for service of this notice: Rick Santorum Post Office Box 37 Verona, PA 15147 The Santorum document lacks a committee to fill vacancies. Proof of such Service is attached hereto in the form of a copy of the certified mailing receipt for the same and Certificate of Service. Feb. ____, 2012 Signed Christopher B. Garvey (Objector) Endnotes follow Attached: Exhibits 1-5

Specific Objection Santorum

page 8 of 10

U.S. Constitution Article II Section 1 paragraph 5:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
2

Emer de Vattel, The Law of Nations, (London 1797) (1st ed. Neuchatel 1758)

NYS RPL 18. Mines in Saint Lawrence county. The proprietors of any mines or veins of lead or copper in the county of Saint Lawrence, may demise, lease, or rent the same for a period not to exceed twenty-one years from the date of any such lease, to any foreign individual or company, and such lessee may take, hold, work, use or convey the same during the said term, in the same manner and subject to the same liabilities as if such lessee were a natural born citizen.
4

New York Miscellaneous Reports

PEOPLE v. QUIROGA-PUMA, 18 Misc.3d 731 (2007) No. LX6701631. MATTER OF BROWN, 132 Misc.2d 811 (1986) July 7, 1986 . AGOSTINI v. DE ANTUENO, 199 Misc. 191 (1950) February 20, 1950. PEOPLE EX REL. CHOOLOKIAN v. MISSION OF IMMAC. VIRGIN, 192 Misc. 454 (1947) December 30, 1947. New York Appellate Division Reports WILLIAMS v. VILLAGE OF PORT CHESTER, 97 App. Div. 84 (1904) July, 1904 New York Court of Appeals Reports MUNRO v. MERCHANT, 28 N.Y. 9 (1863) September Term, 1863 LUDLAM v. LUDLAM, 26 N.Y. 356 (1863) March Term, 1863. WADSWORTH v. WADSWORTH, 12 N.Y. 376 (1855) March Term, 1855 McCARTHY v. MARSH, 5 N.Y. 263 (1851) September Term, 1851 HOYT v. THOMPSON, 5 N.Y. 320 (1851) September Term, 1851 Lynch v. Clarke, 1 Sand.Ch. 583, 659-663 (N.Y. 1844)
5

Minor. v. Happersett: 88 U.S. 162 (1875), 21 Wall. 162, and 22 L. Ed. 627

Cases citing Minor: Boyd. v. Nebraska, 143 U.S. 135 (1892); Rogers v. Bellei, 401 U.S. 815 (1971); City of Mobile v. Bolden, 446 U.S 55 (1980); Baldwin v. Fish & Game Commm of Montana, 436 U.S 371 (1978) ; Breedlove v. Suttles, 302 U.S. 277 (1937); US v. CLASSIC, 313 U.S. 299 (1941); Colgate v. Harvey, 296 U.S. 404 (1935); Coyle v. Smith, 221 U.S. 559 (1911); Hague v. Committee For Industrial Organization, 307 U.S. 496 (1939); Hamilton v. Regents, 293 U.S. 245 (1934); Harris v. Mcrae, 448 U.S. 297 (1980); Kansas v. Colorado, 206 U.S 47 (1907); Kepner v. U.S., 195 U.S. 100 (1904); Kramer v. Union Free Sch. Dist., 395 U.S. 621 (1969); Lynch v. Overholser, 369 U.S. 705 (1962); N.Y. Ex Rel. Bryant v. Zimmerman, 278 U.S. 63 (1928); Rodriguez v. Popular Democratic Party, 457 U.S. 1 (1982); Rogers v. Bellei, 401 U.S. 816 (1971); Schick v. U.S., 195 U.S. 65 (1904); Snowden v. Hughes, 321 U.S. 1 (1944); South Carolina v. US, 199 U.S. 437 (1905); In Re Summers, 325 U.S. 561 (1945); U.S. v. Wong Kim Ark,169 U.S. 649 (1898); Williams v. Rhodes, 393 U.S. 23 (1968) Ex Parte Lockwood, 154 U.S. 116 (1894), that is essentially the holy grail of support for Minor v. Happersett, as it states:In Minor v. Happersett, 21 Wall. 162, this court held that the word citizen is often used to convey the idea of membership in a nation, and, in that sense, women, if born of citizen parents within the jurisdiction of the United States, have always been considered citizens of the United States, as much so before the adoption of the fourteenth amendment of the constitution as since (Emphasis added) and also the City of Mobile v. Bolden, 446 U.S. 55 (1980)

Elk v. Wilkins, 112 U.S. 94 (1884)

Specific Objection Santorum

page 9 of 10

Inglis v. Sailors Snug Harbor, 28 U.S. 99, 3 Pet. 99, 7 L.Ed. 617 (1830) therein C.J. John Marshal on how New York law and British common law apply before and after 1776 Independence affects the right to take land in controversy by decent in New York:

Specific Objection Santorum

page 10 of 10

RICK

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February 1!Ith, 20 1 2
James A. Walsh, Co-Chair Gregory P, P e t s o n , Commissioner New York State Board of Elections State of New York 40 Steuben Street Albany, NY 12207-2108

Dear Commissioners Walsh and Peterson,

Please accept this letter formalIy requesting access to the New York State Presidential Primary Ballot.

PEhWSULVANZh
P.O. Box 37 Vemna, PA 15147

I am a nationdy recognized candidate that is currentfyabove the 5% tkreshold in national polls, and, have won several state primaries and caucuses including Iowa, Minnesota, Colorado and Missouri. 1 am c m n t l y Ieading in the national polls.
Enclosed is a full state of delegates and alternates to be accepted by the Board of Elections.

mw
HAMPSHTRIE
54 Bridge Street
Manchester. ~f-lo3101

Should there be any folIow-up required, please contact Athan Koutsiowoumbas at 61 0283-0898. I look forward to the opportunity to meet the voters of the Empire State.

IOWA
Urbandale. Ib 50322

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Page 3 of 3

NEW

Y O R K STATE BOARD OF ELECTIONS

CAPAS PROOF REPORT

PACENO:

PETlTtUh! 1 0 PARTY

342956
REPUBLICAN
O

DISTRICT

OFFICE'
6-2

Prertdenl

NAME Rtck

ADDRESS

ST

ZIP

REG

DATE

POST MARK

VOLS

PAGES

SUpPORTlNG

FIY

2 1 - ~ ~ ~ - ; 2

Christopher B. Garvey v. NEW YORK STATE BOARD OF ELECTIONS et al VERIFIED PETITION FOR WRIT OF MANDAMUS WITH TRO AND INJUNCTION

Exhibit G

J ~ m e A. Walsb s CwCbair
Gregory P Peterson .
Cnmmissioncr

Douglas A. Kellntr

Co-Chair

40

STEPJBEN STREET

Evtlyn J. AqwiIr
Cornmiasloner

Todd D Valentine . Co-Executive Director

ALBANY, K.Y. 12207-2108 Phone: 518/474-6220 www.elections.state.ny.us

Rohert A. Brrhm
CwExecufive Director

NOTICE
Board of Cammissioners Meeting Tuesday, February 28,2012, f2:00 p,m. State Board Offices, 4'h Floor 40 Steuben Street Albany, Yew York

AGENDA

I,
11.

Minutes of January f 2,2012 Unit Updates: Executive: Legal: Eiection Operations: A W I O : Campaign Finance: ITL:

Robert Brehm and Todd Valentine Kim Galvin Anna S v i m r o Update on Voting m e m Certification Findings Lpdate on Ballot Redesign and C'sabiliv Project John Conklin William lMcCann Dan VaEvo

111.

Old Business
A.

DISCUSS 2012 Proposed Legislation (Kim Galvi~l Pmr! CoIlins) and

IV.

New Business VOTE on petition rulings - (Kim Galvin and Port1 Collins) A. Any prima facie matters Determinations on objections Determinations without hearings DISCUSS Meeting with Cliief Administrative Judge re: 20 12 Calendar Issues B. (Robert B~.el?nl and Todd Ifaleplline) VOTE on Resolution to Authorirr Additional Expenditure of HAVA Funds for Court -Ordered C. Voting Machine Modifications and Tcsting (Anna Svizzero and Joe Bl~rns)
V.
Executive Session

Board meetings are opcn to the pttblic For udditional information, contact John Copeklin or Tern Cunnolriy
(518) 474--195-353.

Christopher B. Garvey v. NEW YORK STATE BOARD OF ELECTIONS et al VERIFIED PETITION FOR WRIT OF MANDAMUS WITH TRO AND INJUNCTION

Exhibit H

Christopher B. Garvey v. NEW YORK STATE BOARD OF ELECTIONS et al VERIFIED PETITION FOR WRIT OF MANDAMUS WITH TRO AND INJUNCTION

Exhibit I

Christopher B. Garvey v. NEW YORK STATE BOARD OF ELECTIONS et al VERIFIED PETITION FOR WRIT OF MANDAMUS WITH TRO AND INJUNCTION

Exhibit J

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU

-----------------------------------------------------------------------x
Christopher B. Garvey Petitioner, Pro Se -againstNEW YORK STATE BOARD OF ELECTIONS; ROBERT D[ANIOND; BARACK OBAMA; MITT ROMNEY; RfCK SANTORUM; Respondents. Index No.: /;( -

c.t?~ /6' f'

VERIFIED PETITION FOR WRIT OF MANDAMUS WITH TRO AND INJUNCTION

-----------------------------------------------------------------------x
Petitioner, Christopher B. Garvey Pro se, as and for his Petition under jurisdiction of the CPLR Article 78 in conjunction with the New York State Election Law Article 16-100 in which Election Law Article 12 as applies from before the April 25, 2012 Primary and the November 6, 2012 General Election thru December 25, 2012 for emergency equity relief with a CPLR 7805 injunction with stay of ballot creation for the April 24, 2012 primary, and a declaratory judgment under CPLR 7806 on a U.S. Constitution Article 2 Section 1 Paragraph 5 issue as to the term of art "natural born citizen" versus the idiom "born a citizen" invented by the New York State Board of Elections (NYS BOE), upon information and belief and at all times hereinafter mentioned, respectfully alleges of captioned Respondents as follows: L Petitioner is a duly registered voter at 16 Nicoll Avenue Amityville, NY 11701-3018 and an enrolled member of the Republican Party able to participate at the April 24, 2012 Republican Primary and General Election on November 6, 2012.

031;.=1
1

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU

-----------------------------------------------------------------------x
Christopher B. Garvey Petitioner, Pro Se -againstNEW YORK STATE BOARD OF ELECTIONS; ROBERT DIAMOND; BARACK OBAMA; MITT ROMNEY; RICK SANTORUM; Respondents. Index No.: VERIFIED PETITION FOR WRIT OF MANDAMUS WITH TRO AND INJUNCTION

-----------------------------------------------------------------------x
Petitioner, Christopher B. Garvey Pro se, as and for his Petition under jurisdiction of the CPLR Article 78 in conjunction with the New York State Election Law Article 16-100 in which Election Law Article 12 as applies from before the April 25, 2012 Primary and the November 6, 2012 General Election thru December 25,2012 for emergency equity relief with a CPLR 7805 injunction with stay of ballot creation for the April 24, 2012 primary, and a declaratory judgment under CPLR 7806 on a U.S. Constitution Article 2 Section 1 Paragraph 5 issue as to the term of art "natural born citizen" versus the idiom "born a citizen" invented by the New York State Board of Elections (NYS BOE), upon information and belief and at all times hereinafter mentioned, respectfully alleges of captioned Respondents as follows: 1. Petitioner is a duly registered voter at 16 Nicoll Avenue Amityville, NY 11701-3018 and an enrolled member of the Republican Party able to participate at the April 24, 2012 Republican Primary and General Election on November 6,2012.