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Purpura-Moran Appellate Division Decision a4478-11 5-31-12

Purpura-Moran Appellate Division Decision a4478-11 5-31-12

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Published by Terry Hurlbut
Decision by the NJ Superior Court (Appellate Division) affirming the ALJ.
Decision by the NJ Superior Court (Appellate Division) affirming the ALJ.

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Published by: Terry Hurlbut on May 31, 2012
Copyright:Attribution Non-commercial


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NOT FOR PUBLICATION WITHOUT THEAPPROVAL OF THE APPELLATE DIVISIONSUPERIOR COURT OF NEW JERSEYAPPELLATE DIVISIONDOCKET NO. A-4478-11T3NICHOLAS E. PURPURAand THEODORE T. MORAN,Petitioners-Appellants,v.BARACK OBAMA,Respondent-Respondent. ______________________________ Argued May 30, 2012 - DecidedBefore Judges Fisher, Baxter and Carchman.On appeal from a Final Decision of the NewJersey Secretary of State.Mario Apuzzo argued the cause forappellants.Angelo J. Genova argued the cause forrespondent Barack Obama (Genova BurnsGiantomasi & Webster, attorneys; Mr. Genova,of counsel and on the brief; Alexandra M.Hill, on the brief).George N. Cohen, Deputy Attorney General,argued the cause for respondent Kimberly M.Guadagno (Jeffrey S. Chiesa, AttorneyGeneral, attorney; Lewis A. Scheindlin,Assistant Attorney General, of counsel; AlanC. Stephens, Deputy Attorney General, on thebrief).May 31, 2012
2PER CURIAMAppellants Nicholas E. Purpura and Theodore T. Moran appealfrom a final decision of Kimberly M. Guadagno, Secretary ofState (the Secretary) determining that respondent PresidentBarack Obama's nomination petition as a candidate for Presidentof the United States in the June 5, 2012 Democratic PrimaryElection was valid.Appellants filed a challenge to President Obama'snomination petition with the Division of Elections. That matter was transferred to the Office of Administrative Law for ahearing, and a full hearing was held before the AdministrativeLaw Judge (ALJ) who rendered a decision rejecting the challengeand dismissing the petition. The Secretary affirmed andincorporated the decision of the ALJ, concluding, after a fullhearing, that "[appellants] failed to meet their burden toestablish that Barack Obama failed in any obligation to prove tothe Secretary of State that he is qualified to hold thePresidency and that he is a 'natural born Citizen' of the UnitedStates of America, as required by the United StatesConstitution." Appellants appealed on May 11, 2012, and soughtemergent relief. Because the primary election is scheduled forJune 5, 2012, we, sua sponte, accelerated the appeal andestablished a briefing and argument schedule.

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