MEMORANDUM of COMPLAINT of ELECTION FRAUD against BOYD L.

RICHIE, CHAIR, TEXAS DEMOCRATIC PARTY and REQUEST FOR INVESTIGATION by ATTORNEY GENERAL of TEXAS To: VIA FAX: From: Greg Abbott, Attorney General of Texas 512.474.2697

Subject:

Date: Copies:

Complaint of Election Fraud against Boyd L. Richie, Chair, Texas Democratic Party; and Request for Investigation by the Attorney General of Texas April 8, 2010 Boyd L. Richie, Chair, Texas Democratic Party Hope Andrade, Texas Secretary of State

PURPOSE OF CONTACT This is a formal complaint of election fraud against Boyd L. Richie, Chair of the Texas State Democratic Party; and request for investigation of these charges by the Office of Attorney General of Texas. Specifically, under Texas law, if the candidate for President of the United States (POTUS) from the major political party meets the federal requirements of the job, then election officials must print the candidates name on the general election ballot. Under Article II, Section 1, of the U.S. Constitution, the POTUS must be a Natural Born Citizen (NBC). To get Barack Obamas name on the general election ballot, Mr. Richie formally submitted to Ann McGeehan, Director of Elections, Office of Secretary of State, 2 (two) Certifications of Nomination swearing that Mr. Obama was duly nominated as the candidate for POTUS for the Democrat Party and had met the legal qualifications for the job. However, overwhelming circumstantial evidence points to the fact at the time he signed and forwarded these Certifications he could not have ascertained Mr. Obama is a NBC. And in Texas, swearing he is a NBC without ascertaining he is, for the purpose of obtaining a place on the ballot, constitutes election fraud. Citizens from Texas, concerned that Mr. Richie had submitted to state election officials Certifications of Mr. Obamas Nomination as the eligible Presidential candidate from the TDP without ascertaining his eligibility, contacted the Chair using the Texas Open Records Law, requesting to see the documentation on which he had based this Certification. He ignored them. As you already know, in Texas, where a duty exists to disclose the truth, deliberate silence is tantamount to a false representation. As a Justice on the Supreme Court of Texas, you signed the decision which cited to that holding in Bradford v. Vento.

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Citizens from Texas as well as from several states, concerned that members of the DNC Services Corporation (DNC) had submitted to other state election officials these unauthenticated Certificates of Nomination, also contacted the DNC requesting to see the documentation on which they had based this Certification. Nancy Pelosi, Chair of the 2008 DNC Convention, ignored all such requests, too. DNC General Counsel Joseph Sandler, claiming he was responding to requests that were directed to Alice Germond, DNC Secretary, said, The Democratic National Committee is not a state agency subject to the open records or freedom of information statutes of any state. http://jbjd.wordpress.com/2009/09/20/the-cheese-stands-alone/ And based on the fact, no law required him to produce the requested documentation; he chose not to produce this documentation. Such display of hubris by members of any political party confronted by citizens concerned as to the legitimacy of the electoral process cannot be tolerated in our Constitutional Republic. Candidates representing the Democratic Party may not participate in the election process carried out in the state of Texas on behalf of the citizens of this state unless they obey our rules. And if our state law is to operate as anything more than form with no function, the state must now compel this political party to produce the evidence that was the basis for its Certification to Texas election officials that Barack Obama, the partys nominee for President, satisfied those laws requiring the candidate to be qualified for the job. Absent such evidence, it appears that by certifying such qualification, Mr. Richie has perpetrated election fraud on the citizens of Texas. WHEREFORE, I request an immediate investigation by the Attorney General of Texas. (Note: This Complaint takes no position on whether Mr. Obama is a NBC.) RATIONALE 1. Under Texas Election Code 192.031, PARTY CANDIDATE'S ENTITLEMENT TO PLACE ON BALLOT, [a] political party is entitled to have the names of its nominees for president and vice-president of the United States placed on the ballot in a presidential general election if: (1) the nominees possess the qualifications for those offices prescribed by federal law; (2) before 5 p.m. of the 70th day before presidential election day, the party's state chair signs and delivers to the secretary of state a written certification of: (A) the names of the party's nominees for president and vice-president Article II, section 1 of the U.S. Constitution says the POTUS must be a NBC. Thus, in order to satisfy federal requirements for POTUS that would entitle Mr. Obamas name to be printed on the Texas general election ballot, he must be a NBC.

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2.

In a letter dated August 27, 2008 Boyd L. Richie, Chair, Texas Democratic Party submitted to Texas elections officials 2 (two) separate Certifications verifying Barack Obama is the Democratic Party candidate for POTUS and is qualified for the job, to get those officials to print his name on the general election ballot. Boyd Richie submitted 2 (two) documents to Texas elections officials to get Mr. Obamas name placed on the general election ballot: 1) a letter certifying he had been nominated as POTUS; and 2) an OFFICIAL CERTIFICATION OF NOMINATION swearing he was the nominee of the Texas Democratic Party having been duly nominated at the national convention of the Democratic Party (of America). That is, he was nominated in accordance with Democratic party rules and procedures. http://falseflagrag.wordpress.com/ (Note: Mmes Pelosi and Germond signed an identical CERTIFICATION OF NOMINATION, which was delivered to election officials in other states. Except for the difference in signatures, the only other distinctions between this DNC Certification and Mr. Richies Certification (for all other states except HI) are these: 1) the letterhead on Mr. Richies Certification identifies his document was printed on Texas Democratic Party stationery, whereas Ms. Pelosis Certification was printed on stationery identifying the DNC; and 2) Mr. Richie refers to the convention nominee being the candidate of the Texas Democratic Party whereas the DNC Certification reads, he is the candidate of said party. Even the name of the Colorado Notary Public witnessing the signatures on both Certifications, is the same.) The rules of the Democratic National Committee require the nominee must be eligible under the U.S. Constitution, http://s3.amazonaws.com/apache.3cdn.net/3e5b3bfa1c1718d07f_6rm6bhyc4.pdf (p.14, K.1 and 2). Article II, section 1 of the U.S. Constitution requires that the POTUS must be a Natural Born Citizen. Thus, Certifying Barack Obama has been nominated as the Democratic Party candidate for POTUS was tantamount to verifying, he is Constitutionally eligible for the job, which means, he is a NBC. State lawmakers failed to enact legislation that would require any state actor to check on the nominees qualifications. And they expressly excluded from appearing on the ballot any candidate not qualified for the office sought. Thus, the express meaning of legislation requiring candidate qualification is clear: if the party gives us the name of its nominee for POTUS to be printed on the general election ballot then, we must assume the party has determined this person is Constitutionally qualified for the job. (Note: Hawaii Revised Statutes 11-113 requires the party to Certify their nominee is Constitutionally qualified for the job, to get his name on the ballot. So this line was added to the HI Certification: Barack Obama is legally qualified to serve under the provisions of the United States Constitution.

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http://jbjd.wordpress.com/2009/08/13/if-drowning-out-opposing-facts-is-unamerican-then-ignoring-unpleasant-facts-must-be-un-american-too/) 3. Mr. Richie could not have ascertained Barack Obama is a NBC at any time prior to August 27, 2008, the date on the letter accompanying the Certification of Nomination submitted to Texas election officials verifying he was a qualified candidate given the fact at this same time, he insisted the evidence proffered to establish his Constitutional Qualification for POTUS prove[d] he is only a native citizen but not a NBC. Explicitly acknowledging public doubts whether he is a NBC, in June 2008 Mr. Obama created and paid for a web site entitled, Fight the Smears (FTS), on which he posted a photocopy of a document entitled, Certification of Live Birth (COLB) from the State of HI. http://fightthesmears.com/articles/5/birthcertificate Mr. Obama proclaimed this photocopied Certification proves he is a native citizen of the United States of America. (While the actual title that appears within the document identifies this is a Certification, Mr. Obama wrote underneath the image, this is his Official Birth Certificate.) (Note: While the text of FTS pertaining to Mr. Obamas qualification for POTUS remains the same, the footer of the page changes. In the original version, the footer read, Paid for by Barack Obama 2008. Subsequently, the footer was altered to read, Paid for by Obama for America; which was then changed to read, Paid for by Organizing for America, a Project of the Democratic National Committee. This remains its current iteration. Also, at various times, the site address appeared as either a .com or, a .org.) 4. Mr. Richie could not have ascertained Barack Obama is a NBC prior to August 27, 2008, the date the Official Texas Democratic Party Certification of Nomination was submitted to Texas election officials verifying he was a NBC based on that internet COLB given the fact that 4 (four) months later, in January 2009, Defendant Obama repeated in pleadings he submitted to the federal court, the best evidence he was born in HI is the original document of that FTS COLB; yet he failed to submit this original COLB to the Clerk of the Court to be marked up as evidence and made a part of the official court record. In January 2009, Mr. Obama was the named Defendant in a case filed in federal district court, ostensibly seeking to determine whether the Uniform Code of Military Justice required a military Plaintiff to obey orders from a Commander in Chief he was not certain was a NBC. (Pleadings for Hollister v. Soetoro, Civil Action No. 1:08-cv-02254-JR, can be found on line at http://jbjd.wordpress.com/2009/08/09/rumors-lies-and-unsubstantiated-facts/.) Mr. Obama submitted a Motion to Dismiss predicated on Plaintiffs failure to establish the Court's jurisdiction; and to state a claim upon which relief can be granted. (The Defendant was represented by Attorney Robert F. Bauer of

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PERKINS COIE LLP, who signed the pleadings submitted to the court on his clients behalf.) Additionally, Mr. Obama asked the court to take judicial notice of the following fact: he had publicly produced a certified copy of a birth certificate showing that he was born on August 4, 1961, in Honolulu, Hawaii. (Presumably, he used the phrase publicly produced referring to posting that photocopied COLB on his FTS web site.) Yet he did not provide the court with the original COLB so the Clerk could mark up the document as evidence and place it in the case record (where it would be subject to scrutiny by the Plaintiff or the judges in-camera inspection). Instead, he tried to authenticate that internet COLB just by asking the court to take notice that Annenberg Political Fact Check (APFC) conclude[ed] that the birth certificate is genuine. http://jbjd.wordpress.com/2009/08/09/rumors-lies-and-unsubstantiated-facts/ (APFC is one of many such organizations wholly funded by the Annenberg Foundation, which also paid his salary as Chair of the Chicago Annenberg Challenge from 1995-1999.) (And recall he wrote on FTS, this COLB only establishes he is a native citizen, anyway.) Given the fact that 2008 DNC Convention Chair Pelosi is also the Speaker of the U.S. House of Representatives, making her 3rd in line of Presidential succession, with all of the gravitas incorporated therein, it defies credulity that Mr. Obama would seek judicial notice of the lesser fact he is a native citing APFC says he is; but not offer into evidence the DNC Official Certification of Nomination Ms. Pelosi submitted to election officials in the state of HI, swearing Barack Obama is legally qualified to serve under the provisions of the United States Constitution, or any one of the dozens of her signed Certifications, which persuaded election officials throughout the country to print the name of Barack Obama next to the D on the Presidential ballots in the 2008 general election. Eschewing reliance on Ms. Pelosis Certification, incredibly, Mr. Obama asked the court to take judicial notice of this information: APFC note[d] a contemporaneous birth announcement published in a Honolulu newspaper. In fact, APFC had only posted on their web site an image of an unattributed newspaper announcement, which phantom image they admitted they had usurped from the td blog, where it was posted anonymously. (Note: the td TexasDarlin blog site was closed by its owner in August 2009.) With no further investigation into that announcement, APFC declared beneath the image, The evidence is clear: Barack Obama was born in the U.S.A. http://www.factcheck.org/elections-2008/born_in_the_usa.html) Like APFC, Defendant Obama omitted the name of this publication. And he failed to enter into the court record any physical evidence of a newspaper announcement, making his claims there was such an announcement, as with his claims the internet COLB was real, impossible to verify, too. 5. Mr. Richie could not have ascertained Barack Obama is a NBC prior to August 27, 2008 when he Certified Mr. Obama was a NBC given the fact that

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as of August 2009, a year after Mr. Richies Certification, the DNC advertised Mr. Obama is a native citizen but not a NBC. A Google ad appearing on the internet in August 2009 asks this intriguing question followed by the answer: Where was Obama Born? The President was Born in Hawaii. Learn More! www.FightTheSmears.com . http://pages.suddenlink.net/tristanne/turks.png Following the link provided in the ad takes you to a version of FTS which, according to the attribution in the footer, is Paid for by Organizing for America, a Project of the Democratic National Committee. Again, the FTS site only claims Mr. Obama is a native, not a NBC. And, again, the web site displays the image of that Certification which Mr. Obama had only described to the court thereby eliminating the possibility of an in-camera inspection. CONCLUSION Texas law requires the nominee for POTUS from the major political party whose name is entitled to appear on the general election ballot must be qualified for the job. Boyd Richie, Texas state Democratic Party Chair Certified to Texas election officials Barack Obama was qualified for the job of POTUS, causing these officials to print his name on the general election ballot. But the scant evidence available in the public record at the time of this Certification failed to establish he is a NBC (or even that he is a citizen). Citizens concerned the Democratic Party Certified Mr. Obamas qualifications without verification asked the party to disclose the basis for their Certification. The party said, No. Therefore, the AG must now intervene on the citizens behalf to investigate these charges of election fraud.