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2012-07-02 - POWELL|SWENSSON|WELDEN - Petition for Writ of Certiorari

2012-07-02 - POWELL|SWENSSON|WELDEN - Petition for Writ of Certiorari

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Published by Jack Ryan
No. 12-5
Title:

David P. Weldon, et al., Petitioners
v.
Barack H. Obama, President of the United States

Docketed: July 2, 2012
Lower Ct: Superior Court of Georgia, Fulton County
Case Nos.: (2012CV211527, 2012CV211528, 2012CV211537)
Decision Date: March 2, 2012
Discretionary Court
Decision Date: April 4, 2012

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Jun 28 2012 Petition for a writ of certiorari filed. (Response due August 1, 2012)
No. 12-5
Title:

David P. Weldon, et al., Petitioners
v.
Barack H. Obama, President of the United States

Docketed: July 2, 2012
Lower Ct: Superior Court of Georgia, Fulton County
Case Nos.: (2012CV211527, 2012CV211528, 2012CV211537)
Decision Date: March 2, 2012
Discretionary Court
Decision Date: April 4, 2012

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Jun 28 2012 Petition for a writ of certiorari filed. (Response due August 1, 2012)

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Categories:Types, Research, Law
Published by: Jack Ryan on Jul 04, 2012
Copyright:Attribution Non-commercial

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07/05/2012

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i
QUESTIONS PRESENTED FOR REVIEW 
Question #1:Does the right to associate force states toaccept any candidate from political parties forpresentation on state primary ballots when such acandidate does not meet the minimum legalqualifications for the office sought, thereby negatingstate election laws and state control of elections?Question #2: Are all individuals born on U.S. soil Article II
“natural born citizens,” regardless of the citizenship
of their parents?
 
ii
PARTIES TO THE PROCEEDING
Pursuant to Rule 14.2(b), the following listidentifies all of the parties appearing here and beforethe Georgia Supreme Court, Georgia Superior Court,and Georgia Office of State Administrative Hearings.The Georgia Office of State AdministrativeHearings consolidated four cases filed with thatoffice by eight individuals. The Georgia SuperiorCourt and Georgia Supreme Court thereafter treatedthe consolidated case as one action for purposes of appeal.The petitioners here and appellants below areDavid Welden, Carl Swensson, and Kevin RichardPowell, all three of whom are individuals residing inGeorgia. The other appellants below, David Farrar,Leah Lax, Cody Judy, Thomas Malaren, and LaurieRoth are not parties to the instant petition.The respondent here, and appellee below forall cases, is Barack Obama. Mr. Obama was and isnamed in his private capacity as a candidate for theOffice of President of the United States of America.
1
 
1
 
Hereinafter this Petition will refer to the respondent,President Obama, also known as Barack Hussein Obama Jr.,Barack Obama II, and Barry Soetoro,
as “c
andidate Obama
.”
This reference is not intended to be disrespectful to the office of the President or to the individual Barack Obama. It is used onlyto identify the individual, separate from the office, to note thatcandidate Obama has not yet been elected to the term of officeat issue in the instant litigation, and to simplify communicationfor purposes of this Petition.
 
iii
TABLE OF CONTENTS
 
Page
Questions Presented iParties to the Proceedings iiTable of Contents iiiTable of Authorities viiOpinions Below 1Jurisdiction 2Statutory and Constitutional Provisions 2InvolvedStatement of the Case 2Reasons for Granting the Petition 4
I.
 
Question I: Does the Right to Associate 6Force States to Accept Any Candidatefrom Political Parties for Presentationon State Primary Ballots When Sucha Candidate Does Not Meet MinimumLegal Qualifications for the Office Sought,Thereby Negating State Election Laws andState Control of Elections?

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