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FL - 2012-05-14 - VOELTZ - Plaintiff's Response iin Opposition to Motion to Dismiss

FL - 2012-05-14 - VOELTZ - Plaintiff's Response iin Opposition to Motion to Dismiss

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Published by Jack Ryan

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Categories:Types, Research, Law
Published by: Jack Ryan on May 25, 2012
Copyright:Attribution Non-commercial

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05/25/2012

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IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUITIN AND FOR LEON COUNTY, FLORIDAMICHAEL C. VOELTZ, ))Plaintiff, ))vs. )) Case No.: 2012CA00467BARACK HUSSEIN OBAMA, et. al. )))Defendants. ))____________________________________________ )
PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT SECRETARY OFSTATE AND DEFENDANT OBAMA'S MOTIONS TO DISMISS AND DEFENDANTSECRETARY OF STATE'S ALTERNATIVE MOTION FOR SUMMARY JUDGMENTINTRODUCTION
Plaintiff Michael Voeltz, registered member of the Democratic Party of Florida, havingsworn an oath to "protect and defend" the U.S. Constitution as an elector of the state of Florida,brings forth this lawsuit to challenge the election and nomination of Barack Obama as theDemocratic Party candidate for the 2012 presidential election.The Democratic Party of Florida has submitted the name of Defendant Barak Obama asthe only candidate for the presidency of the United States. Under Florida law, by submittingDefendant Obama's name as the only name for the Florida Presidential Primary the DemocraticParty of Florida
nominated 
Defendant Obama for the office of the presidency of the UnitedStates. As with the presidential election of 2008, Defendant Obama has never established hiseligibility for the presidency of the United States. Indeed, neither Defendant Obama, nor the
 
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Democratic Party of Florida has even stated that Defendant Obama is a "natural born citizen."The only evidence of Defendant Obama's birth within the United States has come in the form of an electronic version posted on the internet. There has been evidence to show that this "birthcertificate" has either been altered or is entirely fraudulent. No physical, paper copy has everbeen presented to firmly establish that Defendant Obama was indeed born within the UnitedStates.Yet even if his purported "birth certificate" is to be believed, Defendant Obama was bornto a mother who was a citizen of the United States, and a father who was a Kenyan citizen. TheU.S. Constitution requires that all who serve as President of the United States must be "naturalborn citizen[s]." The Supreme Court has defined this term to mean a child born to two citizenparents. Since Defendant Obama was not born to both parents who were citizens of the UnitedStates, he is not a "natural born citizen" as required by the Constitution.Under either scenario, it is clear that Defendant Obama has not established eligibility forthe office of the President of the United States, and it is evident that he may not, under anycircumstance, establish his eligibility. Indeed, neither Defendant Obama, nor the DemocraticParty of Florida has ever made the claim that Defendant Obama is a "natural born citizen."Plaintiff has properly challenged the nomination of Defendant Obama as the Democratic Partynominee for the Florida general election of 2012 because he is not eligible for the office inquestion. Plaintiff set forth the grounds for the challenge and now seeks relief from this Court.Defendant Secretary of State of Florida Ken Detzner has sworn an oath to "support,protect, and defend" the Florida Constitution, as well as the Constitution of the United States.Defendant Detzner is also designated the chief election officer for the state of Florida. As part of 
 
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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.
ARGUMENT
 
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

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