his oath to uphold both constitutions, Defendant is duty bound to mete out the requirements of eligibility under the U.S. Constitution.The eligibility of Defendant Obama must be dealt with now. Plaintiff Voeltz, and the restof the electors in the state of Florida, must be assured that if they cast their votes for DefendantObama in the general election that their votes will not be in vain. The Democratic party, andmuch more the general Florida electorate, will have been led down the primrose path, and will beeffectively defrauded, if the issue is not settled now but rather after the election.Moreover, if the Defendant Obama is declared ineligible, the Governor of Florida, underSection 100.111(3)(a), must call a special primary election to select a nominee for theDemocratic party. If this happens after the 2012 Democratic National Convention, scheduled tobe held between September 3-6, 2012, then it would not be possible for the state of Florida tohold a special primary election before the November 6, 2012 presidential election.This lawsuit is at the pleading stage and the factual and legal standards have been met.Defendants' Motions to Dismiss, and alternative Motion for Summary Judgment mustrespectfully be denied and this case must then respectfully proceed to discovery to finallydetermine the eligibility of Defendant Obama.
I. Plaintiff Has A Cause Of Action Under Florida Law To Challenge Defendant Obama'sNomination To The Office Of President Of The United States On The Grounds ThatDefendant Obama Is Ineligible To Hold That Office
Plaintiff's challenge to the nomination of Barack Obama as the presidential candidate forthe Democratic Party has been properly pled and is ripe for judicial review. Under Florida'sElection Code, Defendant Obama has been nominated for the office of President of the United