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--------------------------------------------------------------------x Christopher-Earl: Strunk, in esse Plaintiff / Appellant

,
-against-

APPEAL CASE INDEX NO.:

NEW YORK STATE BOARD OF ELECTIONS;
JAMES A.WALSH / Co-Chair, DOUGLAS A. KELLNER / Co-Chair, EVELYN J. AQUILA / Commissioner, GREGORY P. PETERSON / Commissioner, Deputy Director TODD D. VALENTINE, Deputy Director STANLEY ZALEN; ANDREW CUOMO, ERIC SCHNEIDERMAN, THOMAS P. DINAPOLI, RUTH NOEMÍ COLÓN, in their Official and individual capacity; Fr. JOSEPH A. O'HARE, S.J.; Fr. JOSEPH P. PARKES, S.J.; FREDERICK A.O. SCHWARZ, JR.; PETER G. PETERSON, ZBIGNIEW KAIMIERZ BRZEZINSKI; MARK BRZEZINSKI; JOSEPH R. BIDEN, JR.; SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama II, a.k.a. Steve Dunham); NANCY PELOSI; DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK; STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE; RÓGER CALERO; THE SOCIALIST WORKERS PARTY; IAN J. BRZEZINSKI; JOHN SIDNEY MCCAIN III; JOHN A. BOEHNER; THE NEW YORK STATE REPUBLICAN STATE COMMITTEE; THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY; STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE; PENNY S. PRITZKER; GEORGE SOROS; OBAMA FOR AMERICA; OBAMA VICTORY FUND; MCCAIN VICTORY 2008; MCCAIN-PALIN VICTORY 2008; John and Jane Does; and XYZ Entities.

2012-05515

Defendants / Respondents. APPELLANT’S APPEAL BRIEF

Christopher-Earl: Strunk in esse, Plaintiff –Appellant / Private US Citizen Self-represented w/o being an attorney 593 Vanderbilt Avenue #281, Brooklyn, New York 11238. 845-901-6767 E-mail: chris@strunk.ws

Plaintiff / Appellant Christopher-Earl: Strunk in esse Appellant self-represented w/o attorney 593 Vanderbilt Avenue #281 Brooklyn, New York 11238 Ph. 845-901-6767 Email: chris@strunk.ws Defendants / Respondents ERIC T. SCHNEIDERMAN Attorney General of NYS by: CLAUDE PLATTON, Esq. AAG Assistant Attorney General 120 BROADWAY – 25th Floor New York, New York 10271-0332 Telephone (212) 416-8020 Email: ,lisa.dell@ag.ny.gov, Representing: NEW YORK STATE BOARD OF ELECTIONS: JAMES A. WALSH, DOUGLAS A. KELLNER, Co-Chairs EVELYN J. AQUILA / Commissioner, GREGORY P. PETERSON / Commissioner, Deputy Director TODD D. VALENTINE, Deputy Director STANLEY ZALEN; ANDREW CUOMO, ERIC SCHNEIDERMAN, THOMAS P. DINAPOLI, RUTH NOEMÍ COLÓN, in their Official and individual capacity; DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK; STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE; THE NEW YORK STATE REPUBLICAN STATE COMMITTEE; THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY; STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE;

Todd E. Phillips, Esq. of CAPLIN & DRYSDALE, CHARTERED One Thomas Circle, N.W., Suite 1100, Washington, DC 20005 Telephone: 212-319-7125 / 202-862-5000 Email: rtobin@capdale.com, jwehner@capdale.com, tphillips@capdale.com Representing: JOHN SIDNEY MCCAIN III; MCCAIN VICTORY 2008; MCCAIN-PALIN VICTORY 2008;
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THOMAS J. GARRY, Esq. of HARRIS BEACH, PLLC The OMNI 333 Earle Ovington Blvd., Suite 901 Uniondale, New York 11553 Telephone: 516-880-8484 Email: walbert@harrisbeach.com, kcorbett@harrisbeach.com, tgarry@harrisbeach.com, Representing: JOSEPH R. BIDEN, JR.; SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama II, a.k.a. Steve Dunham); NANCY PELOSI; PENNY S. PRITZKER; OBAMA FOR AMERICA; OBAMA VICTORY FUND

JAMES C. DUGAN Esq. of WILLKIE FARR & GALLAGHER LLP 787 Seventh Avenue New York, N.Y. 10019-6099 Telephone: 212-728-8000 Email: jdugan@willkie.com, Representing: GEORGE SOROS; MARSHAL BELL, Esq. of McGUIRE WOODS LLP 1345 Avenue of Americas, 7th Floor New York, New York 10105 Telephone: 212-548-7004 Email: mbeil@mcguirewoods.com, Representing: ZBIGNIEW KAIMIERZ BRZEZINSKI; MARK BRZEZINSKI; IAN J. BRZEZINSKI;

TODD A. BROMBERG ESQ. of WILEY REIN LLP 1776K Street, NW Washington D.C. 20006 Telephone: 202-719-7000 Email: "Thomas Kirby" <TKirby@wileyrein.com>, tbromberg@wileyrein.com, jbaran@wileyrein.com, Representing: JOHN A. BOEHNER;
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Christopher J. Latell Esq. and Daniel S. Reich Esq. of RABINOWITZ, BOUDIN, STANDARD, KRINSKY & LIEBERMAN, PC – 45 Broadway, Suite 1700 New York, New York 10006-3791 Telephone: 212-254-1111 Email: cklatell@rbskl.com, dreich@rbskl.com, Representing: RÓGER CALERO; THE SOCIALIST WORKERS PARTY

Erica Burke, Esq. of SIMPSON THACHER & BARTLETT LLP 425 Lexington Avenue New York. New York 10017-3954 Telephone: 212-455-2000 Email: eburk@stblaw.com Representing: PETER G. PETERSON

MICHAEL CARDOZO Corporation Counsel of City of New York By: CHLARENS ORSLAND, Esq. Assistant Corporation Counsel New York City Law Department 100 Church Street New York, New York 10007 Telephone: (212) 788-0904 email: corsland@law.nyc.gov, Representing: Fr. JOSEPH A. O'HARE, S.J.; Fr. JOSEPH P. PARKES, S.J.; FREDERICK A.O. SCHWARZ, JR.;

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APPELLANT BRIEF TABLE OF CONTENTS Parties………………………………….……………………………………..…….i Introduction………………………………………………………..………..……...2 Related Cases…………………………………………………………………….…3 Summary of the Decision and Order for Sanctions and Costs..………..…………11 Argument in Favor of remand and consolidation with active trial court cases…...13 Statement of questions presented…………………………………………………26 The New York State Board of Elections and State agents maliciously failed to provide Strunk due process and equal protection with EL §3-106 and related law is properly before the Court under EL §16-100 jurisdiction and authority…………28

Issues on Appeal: • The Actions of the State to Deny Equal Protection and Due process… . • The Actions of the State to Facilitated the Fraud for ineligible candidates. • The Actions of the State under color of State Law regarding HAVA and Section 5 of the Voting Rights Act by changing the POTUS eligibility from “natural born Citizen” to “born a Citizen” as if under the 14th Amendment • The Actions of Ineligible candidates and campaign agents to facilitate fraud • That Sedition is the subversion intended to be prevented under EL §3-106
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FAILURE TO HAVE STANDING? …………………………………………….32 FAILURE TO STATE A CAUSE OF ACTION? ……………………………….33 FAILURE TO PLEAD FRAUD WITH PARTICULARITY? ………………….33 FAILURE TO SHOW THAT THE COURT HAS JURISDICTION? …………..34 THAT STRUNK’S COMPLAINT IS FRIVOLOUS? …………………………..35 The Judiciary as the political co-equal branch under separation of power duty and obligation is to interpret the U.S. Constitution and Laws in this case not the Legislature and or Executive as related to the NYS Board of Election agents …..35

NATURAL BORN CITIZEN is not only BORN A CITIZEN…………………...42 All Litigants Have A Right To Impartial And Considered Justice………………..51 Plaintiff has been a dedicated and loyal New York State Citizen………………...53 Conclusion In Support of Equity Relief and Remand……………….………....…57 That res judicata and or collateral estoppel do not apply to Strunk’s complaint….58 Statement on word count …………………………………………………………59 Jurat verification…………………………………………………………………..60 AUTHORITIES………………………………………………………………..… vi

APPENDIX and Index as a separate single Volume with page marked “APX –XX”

PDF of the BRIEF and APPENDIX is at http://www.scribd.com/doc/94586470/

v

AUTHORITIES
Page NEW YORK STATE AUTHORITIES April 20, 1777 New York Constitution July 26, 1788 New York Ratification of the US Constitution
…. … …. … …. …

17,18,20

17

NEW YORK STATE STATUTES EL §3-107 Powers and duties of the state board of elections respecting elections and crimes against the elective franchise (see footnote 8) EL §3-106 Fair campaign code.(see footnote 5) EL §3-105 Administrative complaint procedure. (see footnote 7) EL §3-104 State board of elections; enforcement powers.(see footnote 6) Help America Vote Act of 2002 (HAVA) EL §16-100 NYS Election Law Article 12

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6,59, 4,27,28,29,59

5,59

5,59 4-6,29,59, 2,26,28,37 2

vi

NYS Civil Rights Chapter 6 Article 2 “Bill of Rights” §10 CPLR §213

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13 2,3

STATE CASES Lynch v. Clarke, 1 Sandf. Ch. 583 of 1844 Ludlam v. Ludlam 26 NY 256 (1863) Muka v. New York State Bar Association. 120 Misc. 2d 897 (Sup. Ct. Tompkins County 1983) Matter of Meehan v County of Westchester, 3 AD3d 533,534 [2d Dept 2004)
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22 22

52

16

FEDERAL AUTHORITIES U.S. Constitution Article 2 Section 1 Clause 2 (A2S1C2)
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16,26,34,38 16,19,22,29,3 8 26,29,4548,51,57, 38,55

U.S. Constitution Article 2 Section 1 Clause 5 (A2S1C5)

the 14 Amendment to the US Constitution the 25th Amendment to the US Constitution

th

FEDERAL CASES
vii

McPherson v. Blacker, 146 U.S. 1 (1892) U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995) Storer Et al. v. Brown, Secretary Of State of California, Et Al. 415 U.S. 724 (1974) Williams v. Rhodes, 393 U. S., at 32 Jenness v. Fortson, 403 U. S., at 442 Neitzke v Williams, 490 U.S. 319, 325 [1989] Rogers v. Bellei, 401 U.S. 815 (1971) Minor v. Happersett, 88 U.S. (21 Wall.) 162 (1875) U.S. v. Wong Kim Ark, 169 U.S. 649 (1898) The Venus, 12 U.S. (8 Cranch) 253, 289 (1814) Inglis v. Sailors’ Snug Harbor, 28 U.S. 99 (1830) Shanks v. Dupont, 28 U.S. 242, 245 (1830) Dred Scott v. Sandford, 60 U.S. 393 (1857)

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20,26 21,27

28 28 28 33 45 26,43-48, 50 26, 44-51, 47 47 47 47

viii

Ex parte Reynolds, 20 F.Cas. 582, 5 Dill. 394, No. 11,719 (C.C.W.D.Ark 1879) United States v. Ward, 42 F.320 (C.C.S.D. Cal. 1890) Slaughter-House Cases, 83 U.S. 36 (1872) Elk v. Wilkins, 112 U.S. 94 (1884) Perkins v. Elg, 307 U.S. 325 (1939) Schneider v. Rusk, 377 U.S. 163 (1964) Faretta v. California, 422 U.S. 806, 821-22 (1975) Liberty Legal Foundation et al v. National Democratic Party of the USA, Inc. et al, Case No. 12-2143-STA

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48 48 48 48 48 48 14

50

FEDERAL STATUTES 3 U.S.C. Sec. 15 the 1922 Cable Act US Immigration and Nationality Act Voting Rights Act of 1965 (VRA)
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29 40 39 55

ix

OTHER FEDERAL AUTHORITIES The Declaration of Independence of 1776 The Articles of Confederation of March 1, 1781 The Constitution for the United States of America ratified by the People of New York on July 26, 1788 The Federalist No. 68, Alexander Hamilton
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18 17

17 38

OTHER AUTHORITIES 6500-2011 Original Record on Appeal Subpoenaed February 13, 2013 in accord with CPLR 5526 29642-2008 Original Record on Appeal with request for Subpoena on February 13, 2013 in accord with CPLR 5526 http://puzo1.blogspot.com/2012/05/new-york-state-courtshould-not.html http://puzo1.blogspot.com/2012/11/logic-and-definingnatural-born-citizen.html, http://www.factcheck.org/2008/08/obamas-kenyancitizenship/ http://blogs.america.gov/rumors/2009/08/21/the-obamabirth-controversy/ http://www.uniset.ca/naty/BNA1948.htm
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2,9,

7,

14

20

23

23 23

x

“Politics, Book Three, Part II, Aristotle, writing in 350 B.C.E., as translated by Benjamin Jowett The Select Orations of Marcus Tullius Cicero, According to the last Oxford Edition 17 (Henry Eelbeck trans. London 1720) Story on the Constitution, sec. 387 British Nationality Act of 1948 (Part II, Section 5) the United Kingdom. Chapter VI, Section 87 of the Kenyan Constitution An Unresolved Enigma, 28 Md. L.Rev. 1, 5 (1968).by Charles Gordon

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21

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21 35 23

23

43,50,

Related cases: Strunk v Paterson et al. NYS Supt Ct. Kings County Index No.: 29642-08 Strunk v Jeffries et al. NYS Supt Ct. Kings County Index No.: 21948-12 In re Christopher arl Strunk in esse Petition DC Circuit Original Proceeding 13-5005-OP
…. … …. … …. …

3,4,9,12,5759,

8,10,58,

8,

xi

--------------------------------------------------------------------x Christopher-Earl: Strunk, in esse Plaintiff / Appellant,
-against-

APPEAL CASE INDEX NO.:

NEW YORK STATE BOARD OF ELECTIONS;
JAMES A.WALSH / Co-Chair, DOUGLAS A. KELLNER / Co-Chair, EVELYN J. AQUILA / Commissioner, GREGORY P. PETERSON / Commissioner, Deputy Director TODD D. VALENTINE, Deputy Director STANLEY ZALEN; ANDREW CUOMO, ERIC SCHNEIDERMAN, THOMAS P. DINAPOLI, RUTH NOEMÍ COLÓN, in their Official and individual capacity; Fr. JOSEPH A. O'HARE, S.J.; Fr. JOSEPH P. PARKES, S.J.; FREDERICK A.O. SCHWARZ, JR.; PETER G. PETERSON, ZBIGNIEW KAIMIERZ BRZEZINSKI; MARK BRZEZINSKI; JOSEPH R. BIDEN, JR.; SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama II, a.k.a. Steve Dunham); NANCY PELOSI; DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK; STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE; RÓGER CALERO; THE SOCIALIST WORKERS PARTY; IAN J. BRZEZINSKI; JOHN SIDNEY MCCAIN III; JOHN A. BOEHNER; THE NEW YORK STATE REPUBLICAN STATE COMMITTEE; THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY; STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE; PENNY S. PRITZKER; GEORGE SOROS; OBAMA FOR AMERICA; OBAMA VICTORY FUND; MCCAIN VICTORY 2008; MCCAIN-PALIN VICTORY 2008; John and Jane Does; and XYZ Entities.

2012-05515

Defendants / Respondents.

APPELLANT’S APPEAL BRIEF
STATE OF NEW YORK ) } ss: COUNTY OF KINGS )

Accordingly, I, Christopher-Earl: Strunk, being duly sworn. depose and say:

Appellant’s Brief for Appeal Index No.: 12-05515 – Page 1 of 60

LNTRODUCTION

1. This is Appellant's Appeal Brief organized according to the preceding Table of Contents with Appellant's Appendix annexed as a separate volume with an underlying set of Constitutional issues to be heard by the NYS Court of Appeals; and that the Brief with Appendix was ordered to be filed with the Court with an extension of time to perfect due by February 22,20 13 (see APX - 6)' with a Second extension by letter application filed February 20,2013 (see APX - 1) extended to March 8,20 13 and motion requesting March 27,20 13 accordingly; 2. That the Original Record on Appeal Subpoenaed February 13,2013 in accord with CPLR 5526 due on February 28,2013 (see APX - 3) based upon the Certification of the Transcript of the Case with Index No.: 6500-2011 (APX - 4).
3. Appellant is self-represented without an attorney who filed a Notice of
Appeal (APX - 17) including various Notices of Entry by Defendants, and with

each the "Request for Appellate Division Intervention - civil" (APX - 10) fic~m and every part of the April 1l , 2 0 12 Order and Decision (APX - 106) that dismissed with prejudice and sanctions without a Judgment for costs issued to date in regards to the civil Complaint filed March 22'20 11 with Index No. : 6500-20 11 using CPLR $213 six year statutory basis fiom discovery of fraud ('I (APX - 460)

Plaintiff's introductory statement on page one of the Complaint: "PlaintzflChristopher-Earl: Strunk in esse, us and for the ComplaintJiled withjurisdiction of New York State Election Law Article $1 6-100 over Article 12 related to the November 4, 2008 General Election inter ulia Appellant's Brief for Appeal Index No.: 12-05515 - Page 2 of 60

I

and Amended Summons (APX - 841) with Defendants' response by eight (8) counsels representing groups listed in the above Caption who filed motions to dismiss (MTD); and that the New York State Attorney General's office though appearing did not either answer or provide any filing for the State Agency and or Officer Parties and State Political Parties, either in their official or individual capacity, appeared to answer the Summons and Complaint duly served. Related Cases

4. That there are a set of related cases that are impacted by this appeal case:
i. That on 12 November 20 10, Plaintiff in Strunk v Paterson et al. Index No.: 29642-08 filed a Notice of Motion for leave to file a First Amended Complaint (2) that was adjourned by stipulation and then heard on January 11,2011 before the Honorable David I. Schmidt who denied the motion to amend (APX 546) without a transcript instead suggested rather than amend file a new complaint; and to wit Plaintiff memorialized the hearing with an affidavit filed in the case record (3),

equity relief and damages caused by an ongoing scheme to dej?aud with CPLR $213 Actions to be commenced within six years, upon information and belief and at all times hereinafter mentioned, respectfully allege of Defendants as follows:"

"1 3. That the Court asked why Plaintiff does notjust go ahead andfle a new case rather than try to amend the 2008 case; to wit, Plaintzflbased upon information and belief expressed Appellant's Brief for Appeal Index No.: 12-05515 - Page 3 of 60

and on March 22,201 1 filed the new complaint with Index No.: 6500201 1 by the defective RJI (APX - 406) assigned to Arthur M. Schack; ii. That the final disposition of the Complaint Strunk v Paterson et al. with Index No.: 29642-08 (APX - 509) is still carried by the Clerk as "ACTIVE" so that a final order is not yet issued to appeal from and that Justice Schmidt erred by holding that there is no cause of action for "sedition" per se (41 that is synonymous with the intent of the State and is legislature's use of the term "subversion" in EL §3-106(~); expressed in the state law amended by HAVA that requires due process

concern the statutory time that has passed since the 2008 Election requires Plaint@"standing depend upon amending the case rather thanJiling a new one."

In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent (or resistance) to lawful authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws. Seditious words in writing are seditious libel. A seditionist is one who engages in or promotes the interests of sedition.
Typically, sedition is considered a subversive act, and the overt acts that may be prosecutable under sedition laws vary fiom one legal code to another. Where the history of these legal codes has been traced, there is also a record of the change in the definition of the elements constituting sedition at certain points in history. This overview has served to develop a sociological definition of sedition as well, within the study of state persecution. Under the NYS Election Law $3-106. Fair campaign code. 1. In addition to the powers and duties elsewhere enumerated in this article, the state board of elections, after public hearings, shall adopt a "fair campaign code" setting forth ethical standards of conduct for persons, political parties and committees engaged in election campaigns including, but not limited to, specific prohibitions against practices of political espionage and other political practices involving subversion of the political parties and process. (Emphasis added by Plaintiff)

Appellant's Brief for Appeal Index No.: 12-05515 - Page 4 of 60

by the State Board of Elections under EL 53-102 with EL $3-104

has

both an administrative duty and statutory mandate with EL 53-105 '7' as
-

ELN § 3-104. State board of elections; enforcement powers. 1. The state board of elections shall have jurisdiction of, and be responsible for, the execution and enforcement of the provisions of article fourteen of this chapter and other statutes governing campaigns, elections and related procedures. 2. Whenever the state board of elections or other board of elections shall determine, on its own initiative or upon complaint, or otherwise, that there is substantial reason to believe a violation of this chapter or any code or regulation promulgated thereunder has occurred, it shall expeditiously make an investigation which shall also include investigation of reports and statements made or failed to be made by the complainant and any political committee supporting his candidacy if the complainant is a candidate or, if the complaint was made by an officer or member of a political committee, of reports and statements made or failed to be made by such political committee and any candidates supported by it. The state board of elections, in lieu of making such an investigation, may direct the appropriate board of elections to make an investigation. The state board of elections may request, and shall receive, the assistance of the state police in any investigation it shall conduct. 3. If, after an investigation, the state or other board of elections finds reasonable cause to believe that a violation warranting criminal prosecution has taken place, it shall forthwith refer the matter to the district attorney of the appropriate county and shall make available to such district attorney all relevant papers, documents, testimony and findings relevant to its investigation. 4. The state or other board of elections may, where appropriate, commence a judicial proceeding with respect to the filing or failure to file any statement of receipts, expenditures, or contributions, under the provisions of this chapter, and the state board of elections may direct the appropriate other board of elections to commence such proceeding. 5. The state board of elections may promulgate rules and regulations consistent with law to effectuate the provisions of this section.
ELN 5 3- 105. Administrative complaint procedure. 1. The state board of elections shall establish and maintain a uniform, nondiscriminatory administrative complaint procedure pursuant to which any person who believes that there is a violation (including a violation which has occurred or is occurring or is about to occur) of any provision of title three of the federal Help America Vote Act of 2002 (HAVA), may file a complaint. 2. Initially, any such complaint may be made orally, in person or by telephone, or in writing. Such complaints may be made to the state board of elections or with any local board of elections. A toll-free number shall be made available therefor for telephone calls to the state board of elections. Complaints shall be addressed by election officials expediently and informally whenever possible. 3. All formal complaints shall be filed with the state board of elections. All formal complaints shall be written, signed and sworn by the complainant. The complainant shall use a complaint form promulgated by the state board of elections. The state board of elections or a local board of elections shall assist any person with a disability who requests assistance to Appellant's Brief for Appeal Index No.: 12-05515 - Page 5 of 60

Complaints raising similar questions of law and/or fact may be consolidated by the state board of elections. pursuant to subdivision four of section 3-100 of this article with one or more such alternative dispute resolution entities for this specific purpose.to EL $3.107 shall provide Plaintiff due process to investigate a file a complaint. A final determination shall be filed and published by the state board of elections within ninety days after the filing of the formal complaint. A final determination dismissing a formal complaint may be filed by any one member of the hearing panel.100 of this article. 8. and to appoint such additional special investigators and employees as it may deem necessary. The state board of elections shall provide notice to all complainants of the provisions of this subdivision. unless prior to the hearing. 7. or any other longer agreed upon time period. the final determination shall include an appropriate remedy for any violation of Title I11 of the Help America Vote Act of 2002 (HAVA) found by the state board of elections. there shall be a hearing on the record. unless the complainant agrees to a longer period of time. If the panel does not agree to sustain the complaint. or any other longer agreed upon time period. 9. The determination of the hearing panel will be final unless changed by the state board of elections pursuant to subdivision four of section 3. Moneys appropriated for carrying out the provisions of this Appellant's Brief for Appeal Index No. Powers and duties of the state board of elections respecting elections and crimes against the elective franchise. in accordance with subdivision four of section 3-100 of this article. Upon the written request of the complainant. (Emphasis added by Plaintiff) ELN 3-107. When a violation has been found. within the limits of appropriation available therefor. the state board of elections. the state board of elections shall refer the formal complaint to an independent. Whenever a final determination of a formal complaint is not made within ninety days. No provision of this section shall be construed to impair or supersede the r i ~ h of t an aggrieved pa* to seek a iudicial remedy including a iudicial remedy concerning any final determination made pursuant to subdivision eight of this section. Authority is hereby conferred upon the state board of elections to appoint a special investigator to take charge of the investigation of cases arising under the election law. 6.Page 6 of 60 . alternative dispute resolution agency. and fix their compensation. from the expiration of the original ninety day time period. sustains the formal complaint as being uncontested. 5. within ninety days of the filing of the formal complaint. to make a final determination. 4. Such agency shall have sixty days.: 12-05515 . The state board of elections shall contract. the formal complaint shall be deemed dismissed and shall constitute the determination of the panel. Hearings shall be conducted by a panel of two commissioners of the state board of elections of opposite parties or senior staff members of opposite parties as selected by the commissioners of that party. Such hearings and determinations shall be conducted by the alternative dispute resolution agency pursuant to regulations promulgated by the state board of elections pursuant to subdivision four of section 3-100 of this article. and assign them to any election district or districts for the purpose of enforcing the provisions of the election law. The evidentiary standard applied to all formal complaints shall be a preponderance of the evidence. Any party to the hearing may purchase a transcript of such hearing.

to assist him in carrying out the provisions of this section. house-dweller. 5. deputy sheriff. for the purpose of enforcing the provisions of this chapter. Visit and inspect any house. Go within the guard-rail at any polling place at any election. Inspect and copy any books. or to exhibit records.20 of the criminal procedure law. Any such special investigator may: 1. Any such special investigator may call upon any member of the police.claim of sedition or subversion that undermines election process. inn. Any such officer or person who shall fail to render the assistance so demanded or who shall wilhlly hinder or delay such special investigator in the exercise of any power or the performance of any duty shall be guilty of a misdemeanor. records.: 12-05515. paper or document without charge. Require any lodging-house. boarding-house. or any person. administer oaths and examine witnesses under oath. proprietor or landlord thereof or therein. or require the board or officer in charge thereof to furnish a copy of any such record. 2. shall be guilty of a misdemeanor. papers or documents relating to or affecting the election or the registration of voters. 3. when directed by the state board of elections. Any person who neglects or refuses to furnish any information required by the election law or authorized herein.Page 7 of 60 . boarding-house or rooming-house keeper. investigate qualifications of persons to register or vote and violations of the election law. Appellant's Brief for Appeal Index No. building. caretaker. dwelling. owner. for the purpose of investigating any matter within the jurisdiction herein prescribed for the purpose of aiding the state board in enforcing the provisions of the election law. neglect or rehse to obey a subpoena attested in the name of the state board of elections or who shall rehse to testify under or in pursuance thereof shall be guilty of a misdemeanor. and that a Certification of the Transcript with a second request of the Appellate Clerk for a Subpoena of the original record is pending section shall be paid out of the state treasury on the audit and warrant of the comptroller upon the certificate of the state board. rooming-house. keeper. sheriff. constable or other public officer. as to any person or persons residing or claiming to reside therein or thereat. Any such special investigator also shall have all of the powers of a peace officer as set forth in section 2. Any person who shall omit. 4. Such subpoenas may be served by any special investigator or by any police officer or peace officer who is acting pursuant to his special duties. Such special investigators shall. or hotel and interrogate any inmate. The state board or any of its special investigators shall have power to issue subpoenas or subpoenas duces tecum. Procure warrants of arrest and cause to be taken into custody the person or persons named in such process. lodginghouse. papers or documents herein authorized to be inspected or which are required to be exhibited. Such subpoenas shall be issued in the name of the state board of elections. landlord or proprietor to exhibit his register of the lodgers therein at any time to such special investigator.

There is a related Original Proceeding in re: Christopher-Earl: Strunk in esse a private U.Page 8 of 60 .S.consideration (APX . and still active before the Honorable David I. Appellant's Brief for Appeal Index No. Court of Appeals for the Washington District of Columbia Circuit (lo) with a motion for fee relief pending. Citizen secured beneficiary Petition For A Writ Of Mandamus involving Federal issues Case No. and that such status is notwithstanding the motion for intervention by a third party that was denied and taken on Appeal case 2012-0766 with a Appeal Court direct appeal denied (APX -392).: 12-05515 . iii. with a Note of Issue filed for a trial of the facts (9). Schmidt J.C..: 2 1948 / 20 12 that challenges the incompatibility of POTUS Electors using the law of the case determined by Justice Schmidt in the Petition 29641-08 defining the incompatibility of various 2008 election cycle Electors for the Obarna / Biden slate with motions to dismiss pending before the Honorable David I Schmidt J.S. There is a related current Article 78 Petition Strunk v Jeffiies et a1 Index No.S.: 13-5505-OP before a judicial panel of the U.390). and iv.S.C.

and to wit Plaintiff Cross Motion that requests the Transfer and Consolidation (APX .326) of the Motions to Dismiss. McCain I11 et al. and with appearance of Defendants' Counsels before the Honorable Arthur M. Plaintiff's Cross Motion opposes the Pro Hac Vice Motion for cause because of the misstatements and failure to list the related 29642-08 active case on the RJI by local council (APX . Schack J.S.A.: 6500-2011 (MTD) and Cross Motion to Transfer and Consolidate with 29642-2008.5. election law related case with Certification of the Transcript (APX . (Judge Schack) with a Transcript record of the hearing (APX . and that for the purpose of brevity herein although germane to the underlying Complaint.the Pro Hac Vice Motion by Washington DC Counsel to Defendant John S.S. are part of the Original Record transferred to this Court without arguing each related motion that in total would be contained in a three volume appendix set that would burden this appeal brief that must use only 14.406) challenged herein. As such there are three (3) basic motions and one (1) application for an order to show cause in this appeal that all are included herewith to establish the basis to remand to trial court for further action there: First.390) and Appellant's Brief for Appeal Index No.410) to which.Page 9 of 60 .000 words herein.C. That on 22 August 20 11 there was a hearing on the various Motions to Dismiss the Complaint with Index No.: 12-05515 .393) with still Active Case with Index No.: 296422008 with the record before Justice Schmidt (APX . (APX .507) as an I.

on 12 April 20 12. Plaintiff filed a Motion (APX .Page 10 of 60 .201 1 Emergency Application for an Order to Show Cause (APX .20 12 Plaintiff filed a Response to the Order and Decision (APX -79).627). thereafter taken on appeal without leave dismissed on January 3.: 21948-2012 with Note of Issue. 6.717) and is herein on appeal too .2012 (APX 154). MTD represented by Harris Beach (APX . on October 21.: 12-05515 .421) and Defendants SOEBARKAH et al.20 12 was denied by Order of Judge Schack (see APX .goes to the need with related Petition Index no.437). That eight (8) months after the 22 August 201 1 hearing before Judge Schack. and on May 3. MTD represented by DC Council (APX . the Order and Decision was entered 13 April 2012 (APX .106).155).718) for Presentment of Evidence of Forgery and Spoliation as Supplement to the Complaint by Request for the Leave of the Court to Supplement to the Complaint annexed thereto (APX . to wit Plaintiff responded by a Combined Response (APX .Further.201 1 who declined to sign the Order (APX .834). and Furthermore.164) in regards to The New York State Board of Elections involvement in an extrinsic fiaud as breach of duty to the State Legislature and related law of the land above mentioned that went before Judge Schack on October 25. and Appellant's Brief for Appeal Index No. that on June l8. the Defendants John Sidney McCain I11 et al. and thereafter Further.

2012 a remarkable legal analysis was published by Mario Apuzzo. and Mr. who made the effort to defend my efforts unsolicited. Apuzzo displays great integrity and virtue motivated in what may be reasonably characterized as a defense of all other such Plaintiffs nationwide who seek redress and relief that would suffer the chilling effect of Judge Schack's Decision and Order. Esq. Appellant's Brief for Appeal Index No. finding that he was in good standing and It should be known that the Georgia court at which I attended as a witness there denied Plaintift's Attorney Van Iron's motion for pro hac vice admission and the Commonwealth Court of Pennsylvania denied Mario Apuzzo's motion for pro hac vice admission. That on May 6. 8.7. SIJMMARY OF THE DECISION AND ORDER 9." He found that I did not sufficiently allege an injury in fact and therefore does not have standing which causes the court not to have jurisdiction over his claims. and that I consider Mario Apuzzo a righteous Attorney. even though they are both in good standing. (see APX . . Judge Schack started his opinion by stating that "[ilf the complaint in this action was a movie script.39) was entered as an amicus for Plaintiff at the May 7. 20 12 hearing by the Court.: 12-05515 . Therein. Judge Schack also granted a motion to admit pro hac vice one of the defendant's attorney.Page 11 of 60 . it would be entitled The Manchurian Candidate Meets The Da Vinci Code. Judge Schack granted Defendants' motions and dismissed my complete complaint with prejudice.

while finding no problem with my service upon the other main defendants.10. Judge Schack concluded that my fraud claim also needed to be dismissed because I did not plead with particularity that I relied upon any of the defendants7 statement and did not plead that I suffered any pecuniary loss as a result of statement of any of the defendants. one could not re-litigate those same issues in the instant action. where the issues were decided against me. Judge Schack concluded that I had already litigated "many of the issues" in the instant action in Federal court with Case No. 13. Paterson et al. 14. Judge Schack also denied my cross motion to consolidate the instant action with another New York state case. 29641/08.Judge Schack found that because it is not possible to easily gain notice fiom reading my complaint what my particular cause of action is. and to transfer Appellant's Brief for Appeal Index No. 29642/08 that is still active as of this date (APX . and in State Court with the Petition Spunk v. Judge Schack found that the court has no jurisdiction because of the political question doctrine and because.Page 12 of 60 .: 08-cv-4289 (APX .. Paterson et al Index No. the complaint must be dismissed for failure to state a cause of action. with the Complaint in Strunk v. Index No. Judge Schack found that I did not properly serve Obama and McCain. 11.: 12-05515 . He therefore found that under the doctrine of collateral estoppel. 12.533).507).

Argument in Favor of remand and consolidation with active trial court cases 16.: 12-05515 .2012 transcript starting at APX . 17.49) ordered before Judge Schack for Plaintiff to show cause why I should not be sanctioned and adjudge costs.49.Page 13 of 60 . 15. Judge Schack also dismissed my complaint on the ground that it was both factually and legally frivolous. and that my motion to consolidate was denied on the May 7. and finally. according to the 11 April 2012 Decision and Order. fundamental right for: Appellant's Brief for Appeal Index No.That Appellant contends that the Court's Order and Decision was issued with intentional delay and disparagement of Plaintiff personally eight (8) months after the 22 August 201 1 hearing on various motions to dismiss were granted without a Final Judgment as to sanctions. shows Justice Schack's biased intent to delay and deny speedy justice to all Parties and without a Final Judgment like a sword of Damocles especially violates Plaintiff fundamental NYS Civil Rights Chapter 6 Article 2 "Bill of fights" fj10. That there was a May 7. Judge Schack also ordered that I be precluded from relitigating the same claims against the same defendants in the New York state court without first obtaining prior written approval fiom an administrative justice or judge.2012 hearing with a Transcript record (APX .the case to Judge Schmidt because the Strunk v Paterson et al. Petition with Index 29641/08 that set the law of the case from thereon was dismissed .

has a British Subject father on August 4. defendants to have counsel. for whatever reason. for centuries. for which he charged me of frivolous conduct for daring to allege that BHO Jr. Neither justice nor right should be sold to any person.. Without the ability to call the judge as a witness to the crime that he is committing.821-22 (1975). "the Star Chamber has. . As the U. The Star Chamber not merely allowed.Page 14 of 60 . Schack in 201 1-6500: "The historical abuses of the Star Chamber are considered a primary motivating force behind the protections against compelled self-incrimination embodied in the Fifih Amendment to the United States Constitution. nor deferred." 19. 806. but required. is therefore not NBC..2012. 422 U. jury and executioner all rolled into one .: 12-05515 ." Faretta v. 1961 or when ever it happened. and writs and process ought to be granted fi-eelyand without delay. That Plaintiff reasonably characterizes the 22 August 201 1 and 7 May 2012 hearings as a Star Chamber proceeding that wrongfully alleges that I am just an Appellant's Brief for Appeal Index No. I made the following statement at the website regards to the Star Chamber abuse and judicial malice done by Justice Arthur M. nor denied. California. The defendant's answer to an indictment was not accepted unless it was signed by counsel. to all persons requiring the same.S. Supreme Court described it." Justice to be administered without favor and speedily.e. on payment of the fees established by law. The meaning of "compelled testimony7'under the Fifth Amendment-i.S. judge. Judge Schack not only invented the alleged violation ipse dixit." 18. the defendant was considered to have confessed. the conditions under which a defendant is allowed to "take the Fifth"--is thus often interpreted via reference to the inquisitorial methods of the Star Chamber.That on May 24. that Justice Schack shamelessly poses as the prosecutor. symbolized disregard of basic individual rights. as my own counsel I may seek an appeal on the merits of the sanctions wrongly held against me. When counsel refused to sign the answer.

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to the contrary "Public" versus "Private" whether the Election Law and the State protects his vote as a meaningful act as a legal matter before this Panel: "Thus. That Appellant contends that any facilitation of fi-aud binds GEORGE SOROS whether he is a "Private Citizen" or not into a contradiction with his attorney's contention that there is no "natural grounding" or enforceable contract between Mr. a private citizen who does not show any special rights or interests in the matter in controversy. has no standing to sue.: 12-05515 .129 of page 24.534 [2d Dept 2004). Citizen under common law and the inherent personal privilege and standing associated with one person one vote personal intangible Appellant's Brief for Appeal Index No. Further." (Matter of Meehan v County of Westchester. that it is noteworthy to point out that the Court also used a reference to Private Citizen in its decision and order shown at APX . and 22.3 AD3d 533. and that goes to my reliance upon the good faith of the State and its agents under A2S 1C2 as to A2SlC5 to provide personal equal protection and hndamental due process under law in exchange for my allegiance as a Private U. other than those common to all taxpayers and citizens. Soros gave an actual contribution that as an admission against interest is an accessory to the fi-aud complained of in regards Obama's ballot access that was done under false pretense to the detriment of Plaintiff facilitated by the State agents. and because this appeal is about the facts and law not personalities.S. Brzezinski with Mr.Page 16 of 60 . 23. Obama to the contrary goes to the admission that Mr.transcript that follows &om APX 378 thru APX 387 as the lead of my brief herein. Soros and or even Mr.

of the New York Republic.eddl8th-century/nyO 1. Vice President. the secured beneficiary of the organization CHRISTOPHER EARL STRUNK." (Emphasis added by Appellant) l3 l4 l5 http://avalon. or Members of either House of the Congress of the United States.law.edu/18th_century/artconf. or such as were Citizens on or before the fourth day of July one thousand seven hundred and seventy six.Page 17 of 60 .law. and who shall be Freeholders. 1788 including it's re amble^'^) that the New York People expressly mandate "natural born Citizen" "That no Persons except natural born Citizens. New York in support of the Revolution that expressly eliminated the feudal doctrine of perpetual aZZegzeance. or such as held Commissions under the United States during the War. asp http://avalon.yale. in fact. of that condition based upon a person's soil birthright subjugation as property of an absolute sovereign. and have at any time since the fourth day of July one thousand seven hundred and seventy six become Citizens of one or other of the United States. and that such declaration against perpetual allegiance was then followed by the Constitution for the United States of America ratified by the People of New York on July 26.edu/ 18th-century/ratny. 24. protected by hereditary succession of all predecessors previous Contracts with government as found in its adoption of the Declaration of Independence perpetual allegiance of the Monarch of Britain and or feudal the original Constitution of pretender to the authority of GOD on April 20. by right of heritage and inheritance.property that may neither be given away nor sold under law. 1781(14. shall be eligible to the Places of President.Christopher Earl Strunk in esse.: 12-05515 .law.yale.asp http://avalon.yale.asp Appellant's Brief for Appeal Index No. and the Articles of Confederation of March 1. 1777(13).

determine. in the name and by the authority of the good people of this State. subject to such alterations and provisions as the legislature of this State shall. And further Appellant's Brief for Appeal Index No. and declare that such parts of the common law of England. subject. and not repugnant to the government established by this constitution. and of the acts of the legislature of the colony of New York. make concerning the same. to such alterations and provisions as the legislature of this State may. from time to time. that the resolves or resolutions of the congresses of the colony of New York. And this convention doth further. as together did form the law of the said colony on the 19th day of April. abrogated and rejected. nevertheless. as are temporary. over the colony of New York and its inhabitants.As such Christopher Earl Strunk in esse retains all my unalienable rights granted by GOD incorporated into positive law. That on April 20. or are repugnant to this constitution. That such of the said acts. sovereignty. respectively. or prerogatives claimed or e-xercised bv. now in force. ordain.: 12-05515 . government. shall expire at the times limited for their duration. in the year of our Lord one thousand seven hundred and seventy-five. and of the statute law of England and Great Britain. or concern the alle~iance heretofore yielded to. be. embodied in the Declaration of Independence of 1776. and of the convention of the State of New York. 1777. the King of Great Britain and his predecessors. And this convention doth fiuther ordain. or parts thereof.Page 18 of 60 . and the supremacv. shall be considered as making part of the laws of this State. shall be and continue the law of this State. and all such of the said statutes and acts aforesaid. (Emphasis added by Appellant) 26. the People of the New York Republic revoked perpetual allegiance use of British Common Law at New York Constitution Article 3 5 that: "XXXV. from time to time. and they hereby are. That all such parts of the said common law. make concerning the same.25. as may be construed to establish or maintain any particular denomination of Christians or their ministers. and binding Rights upon my parentage and myself since the beginning of the World till 10 days from the end of the World.

I was only a life scout.27. the Private US Citizen. It's true. or a Citizen of the United States. Citizen on January 23. and when Plaintiff / Appellant as then "Public" U. neither shall any Person be eligible to that OfJice who shall not have attained to the Age ofthirtyJive Years.S. at the time of the Adoption of this Constitution. and as the State or its agents never answered any complaint since 2008.2009 as if eligible under the U. We are a country. STRUNK: But that shapes my thinking as a individual. privileged to vote under common law is not subject to perpetual allegiance as explained above.2009 duly fired Barack Hussein Obama I1 when Obama offered his oath on January 20. and beenfourteen Years a Resident within the United States. STRUNK: I'm an eagle scout. I mean. I became an eagle scout in 1959.359 line 14 (I6) expressed condescension at the notion that to take an oath is to make an offer of contract with each individual citizen.S. and that Plaintiff is injured by the State and its agents acting under color of law that single out Plaintiff individual rights is relegated to collective treatment. I guess he didn't agree with you because he's still there. That Plaintiff. I praise you for that. and is no longer a Public Citizen surety of the respective big-letter U s u h c t owned by New York State in trust now relieved of any obligation. such is arbitrary denial of equal protection to Plaintiff. MR. what are we as a country if we don't abide by the law? THE COURT: That's right. That Justice Schack at the 22 August 201 1 Transcript APX . THE COURT: Congratulations. Constitution Article 2 Section 1 Clause 5 (A2S 1C5) (I7) "natural-born Citizen" clause for the office of the President of the United States (POTUS) executive with l6 THE COURT: I saw your letter that you fired the president. 28. shall be eligible to the Ofice of President. l7 (A2SlC5) United States Constitution Article 2 Section 1 Clause 5 : "No Person except a natural born Citizen. I'll agree.: 12-05515 . MR." Appellant's Brief for Appeal Index No.Page 19 of 60 .

and notwithstanding his acts are void ab initio the office of POTUS as the de facto usurper again usurps the office to Plaintiff / Appellant's detriment and injury.one produces the other as equity. and is of great consequence. on November 28. 29.corn/.S. he explains that what the Founders and Framers learned from Greek ancient history was confirmed by Roman ancient history.: 12-05515 . when in the best of all possible worlds where justice prevails. 1777. The fundamental principal of citizenship allegiance to the republic is the reciprocating duty of protection by the republic.blogspot. 30. Treasury and other executive duties (see APX . 2012 in his essay Logic and DeJining the "Natural Born Citizen" Clause published at http://puzo1. including that of New York on April 20.power of attorney over accounts with the U.According to Mario Apuzzo Esq. The Founders and Framers looked to ancient Roman history to understand the law of nature to learn how best to constitute a republican form of government and to replace perpetual allegiance Appellant's Brief for Appeal Index No. 3 1.!012/1 l/logic-and-defining-natural-born-citizen.Page 20 of 60 . Obama is ineligible and his every act is void ab initio. That as a matter of Judicial Notice there is controlling history and law regarding construction of the Declaration of Independence of 1776 that was adopted as the foundation for the respective States' constitutions.html.658).

the Salaminians demand him again for their own.' cannot possibly apply to the first inhabitants or founders of a state. London 1720). partly because he was in a difficulty. and the citizens of Larissa are those who are made by the magistrates. There is a greater difficulty in the case of those who have been made citizens after a revolution. Book Three. corrected 1807).: 12-05515 . The doubt in these cases is.' Yet the question is really simple. therefore. It is evident. According to the last Oxford Edition 17 (Henry Eelbeck trans.http://classics. that the citizens about whom the doubt has arisen must be called citizens.Page 21 of 60 . both strangers and slaves. This is a short and practical definition but there are some who raise the further question: How this third or fourth ancestor came to be a citizen? Gorgias of Leontini. say to two or three or more ancestors. writing in 350 B. children always obtained the rank of the father. Liv. as translated by Benjamin Jowett. But if both parents were Romans and married. not who is. Appellant's Brief for Appeal Index No. Cicero wrote in A Proposal: "The Colophonians claim Homer as their own free Denizen.. but the Smyrneans assert him to be their natural born Citizen. (patrem sequuntur liberi. 4. That a child should be held as a foreigner. if according to the definitionjust given they shared in the government. There are a great many besides at Daggers-drawing among themselves. partly in irony. whether a certain act is or is not an act of the state. and yet ought not to hold office. Aristotle. gave us his definition of citizenship: "Part I1 But in practice a citizen is defined to be one of whom both the parents are citizens.edu/Aristotle/politics. they were citizens.. for. for he enrolled in tribes many metics.with the human natural law doctrine of both reek('^) and ~ o m a n ( lorigin ~ ) of the term of art "natural-born Citizen" inheritance of allegiance fiom his parents and or Is Aristotle also gave us a definition of a "natural born Citizen." . the Chians challenge him as theirs. of the mother." Alexander Adam. Part 11." A Proposal For Printing in English. iv. for it is their trade to make Larissaeans.C. and therefore have also dedicated a Temple to him in their Town of Smyrna. For the words. Now. An account of the manners and customs of the Romans 2 10 (6th ed. Uipian.E. others insist on going further back.he who holds a judicial or legislative office fulfills our definition of a citizen. whom we describe as ruling. Roman antiquities: or. if either of the parents was so. and contend for him. This is a better definition than the other. for what ought not to be is what is false. And the citizen was defined by the fact of his holding some kind of rule or office.) and if unmarried. l9 Roman law provided: "Lex MENSIA. The Select Orations of Marcus Tullius Cicero. but ruling unjustly. but whether he who is ought to be a citizen.. said.mit.html. and there will still be a furthering the state.'Mortars are what is made by the mortar-makers. 'born of a father or mother who is a citizen." In "Politics. as by Cleisthenes at Athens after the expulsion of the tyrants. there are some who hold office.

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S. at the time of his birth. Kenya formally gained its independence from the United Kingdom.: 12-05515 . the undisputed facts at http ://www. is as follows: . 12.ca/naty/BNA 1948. the chief of the Counter-Misinformation Team for the U. 1963. However. and notwithstanding the fact of SOEBARKAH'S Indonesian citizenship doesn't apply at his birth.uniset.htm ] That same act governed the status of Obama Sr. that has been accepted as true this description of Obama's birth circumstances and stated on a State Department web page. 4. still part of the United Kingdom's dwindling empire. when on Dec.Page 23 of 60 .' In other words. is on 1lth December.factcheck. citizen (by virtue of being born in Hawaii) and a citizen of the United Kingdom and Colonies (or the UKC) by virtue of being born to a father who was a citizen of the UKC. having been born in Kenya. Section 5): 'Subject to the provisions of this section. was both a U.'s children: British Nationality Act of 1948 (Part 11. Section 87 of the Kenyan Constitution specifies that: '1. Obama's British citizenship was short-lived. Kenya was a British colony.this point). Chapter VI. was born on Aug.S. in Honolulu. 1961.org/2008/08/obamas-ken-citizenship/ by Todd Leventhal. Barack Obama Sr. was a British subject whose citizenship status was governed by The British Nationality Act of 1948. [ http://www. Every person who. a person born after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by descent of his father is a citizen of the United Kingdom and Colonies at the time of the birth. Department of State. 1963 a citizen of the United Kingdom and Colonies or a British protected Appellant's Brief for Appeal Index No. Barack Obama Jr. As a Kenyan native. although now reads: "This site has been archived or suspended. " "When Barack Obama Jr.

Obama. Kenyan citizens who possesses [sic] citizenship in more than one country automatically lose their Kenyan citizenship unless they formally renounce any non-Kenyan citizenship and swear an oath of allegiance to Kenya. it follows that Obama did in fact have Kenyan citizenship after 1963. Every person who. his Kenyan citizenship automatically expired on Aug. So. Kenya recognizes dual citizenship for children. But that Obama may have lost his BritishKenyan citizenship after his birth (there is no evidence that Obama ever renounced his British birth citizenship). become a citizen of Kenya on 12th December. 1963. Obama's father automatically received Kenyan citizenship via subsection (1). Under the British Nationality Act 1948.S.: 12-05515 . citizenship nor sworn an oath of allegiance to Kenya. having been born outside Kenya. is on 11th December." Id. if his father becomes.Page 24 of 60 . but Kenya's Constitution specifies that at age 23. Obama's father.person shall become a citizen of Kenya on 12th December. a citizen of Kenya by virtue of subsection (I). He still was not born a "natural born Citizen" and cannot become one later in life. 1984. 4. or would but for his death have become.. like an alien losing his or her native citizenship later in life and becoming a U. citizen after birth. So given that Obama qualified for citizen of the UKC status at birth and given that Obama's father became a Kenyan citizen via subsection (I). 1963." Further. while born to a U.' As a citizen of the UKC who was born in Kenya. 33. even if born in Hawaii in 1961. 1963 a citizen of the United Kingdom and Colonies or a British protected person shall. Obama has neither renounced his U. being born Appellant's Brief for Appeal Index No. was not born to a U. '2. citizen father. .S. Factcheck. citizen mother. Since Sen. does not nor can it change his birth circumstances.S.S." added: "[Tlhe Kenyan Constitution prohibits dual citizenship for adults. in its attempt to show that Obama is a "natural born Citizen.

through inheritance from his father. Obama was not born with sole allegiance and loyalty from birth to the United States.in Kenya when it was a British colony. nor could the United States expect such total commitment from him. was a BritishKenyan citizen. have allegiance and loyalty from birth only to the United States. like a person who is born a citizen of a foreign country and who naturalizes to become a "citizen of the United States" after birth and who we have always recognized as being eligible to be President only if born before the adoption of the Constitution." which under our Constitution is required only of the President. While he traveled to the United States on a temporary student visa to study. but he also was not born within the full and complete political and military jurisdiction of the United States. 34. also became a Kenyan citizen as age 2. citizen. Being born the citizen of a foreign country. he never became a U.: 12-05515 . and the Vice Appellant's Brief for Appeal Index No. Under the same British Nationality Act 1948. who also were to be our commanders in chief of the military. The practical consequence of his birth which no one can change is that he not only was not born with unity of allegiance and citizenship to the United States. Obama therefore cannot be an Article I1 "natural born Citizen. Obama himself. Under the Kenya Independence Act 1963. So. who is also the Commander in Chief of the Military. The Founders and Framers demanded that future presidents. was born a British citizen.Page 25 of 60 . Obama from birth was not fully committed both politically and militarily to the United States.S.

Obarna is not eligible to be President and Commander in Chief. Minor.Page 26 of 60 . with the Appellant's Brief for Appeal Index No. a child born in the United States to domiciled and resident alien parents is a "citizen of the United States" at birth." which only applies to presidential and vice presidential eligibility. The facts that give rise to my State legal action commenced as an election challenge case under EL § 16-100 and related articles in the Supreme Court of the State of New York with several causes of action related to the voters' preference of New York State's 2008 General Election cycle Electoral College election of candidates for the office of President of the United States (POTUS) as is the exclusive power of the respective New York State legislature to create under the U." Under this definition. if Mr.: 12-05515 . 1 (1892). Blacker.S.. born in the United States and "subject to the jurisdiction thereof. 35. 146 U. i-e. Statement of questions presented 36. at the time of the adoption of this Constitution" (was adopted in 1787). But he cannot meet the more stringent definition of an Article I1 "natural born Citizen. Obama can meet the more liberal definition of a Fourteenth Amendment "citizen of the United States" at birth. Obama is neither "a natural born Citizen" nor "a citizen of the United States. Obama was born in Hawaii (that has not been proven). Mr. Tong Kim Ark. Since.S. Constitution A2S 1C2. McPherson v. Apparently.President were need to take over the POTUS's civil and military powers to arise. born in the United States to citizen parents.

in such Manner as the Legislature thereof may direct. 313 U.. namely that "[tlhe Times.. v.S. as the Framers recognized. 20 SCOTUS held in U.106 in both their official and individual capacity. 2. cl. rather than reserved by. I challenge the "breach of state constitutional fiduciary duty" by the NEW YORK STATE BOARD OF ELECTIONS and public officer defendants under EL $3. Thornton. $ 1. arising from the Constitution itself.proviso that in doing so neither the State legislature and or its agents in the electoral college and or agencies may change the qualifications of any federal officer includes POTUS. It is surely no coincidence that the context of federal elections provides one of the few areas in which the Constitution expressly requires action by the States. The Tenth Amendment thus provides no basis for concluding that the States possess reserved power to add qualifications to those that are fixed in the Constitution. 779 (1995) says: "Second. (20) This conclusion is consistent with our previous recognition that. Inc.S. Instead.315 (1941). the provisions governing elections reveal the Framers' understanding that powers over the election of federal officers had to be delegated to.Page 27 of 60 . electing representatives to the National Legislature was a new right. . Thus. 253 U. but rather is delegated by the Constitution." This duty parallels the duty under Article I1 that "Each State shall appoint. The act of ratification by the State derives its authority from the Federal Constitution to which the State and its people have alike assented"). shall be prescribed in each State by the legislature thereof. These Clauses are express delegations of power to the States to act with respect to federal elections. we have noted that "[wlhile. Inc. In the absence of any constitutional delegation to the States of power to add qualifications to those enumerated in the Constitution. 514 U. Smith." Art II. any state power to set the qualifications for membership in Congress must derive not fi-om the reserved powers of state sovereignty. the right to vote for representatives in Congress is sometimes spoken of as a right derived fiom the states. v. 37. 779 (1995) (20). Places and Manner of holding Elections for Senators and Representatives.S. deny me equal protection for voter expectation of a correct ballot as the State has a compelling interest to do so. Term Limits. a Number of Electors. Thornton." (Emphasis by Appellant) Appellant's Brief for Appeal Index No. this statement is true only in the sense that the states are authorized by the Constitution.. the power to regulate the incidents of the federal system is not a resewed power of the States. 514 U.S. I. in certain limited contexts.S. In short. Classic. Cf. U.: 12-05515 . to legislate on the subject as provided by $2 of Art." United States v. 221 (1920) ("[Tlhe power to ratify a proposed amendment to the Federal Constitution has its source in the Federal Constitution. such a power does not exist.S. Hawke v. Term Limits. the States. in a loose sense. 299. but rather from the delegated powers of national sovereignty. . .

avoid voter confusion. at 145. is denial of substantive due process for voter expectation of a correct ballot (21) . Secretary OfState o f California. 403 U.780). when the unanimous SCOTUS Court decision said: "The Court has recognized that a State has a legitimate interest in regulating the number of candidates on the ballot.." Appellant's Brief for Appeal Index No. the State understandably and properly seeks to prevent the clogging of its election machinery. v. 3-4 (APX . at 442. S. Fortson. Moreover. Issues on Appeal: In the matter of a state compelling interest at elections: 21 Storer Et al. to protect the integrity of its political processes fiom fi-ivolous or fraudulent candidacies.. 724 (1974) in regards to a California compelling state interest to prevent fraud cited Bullock v. S.Et Al.O. at 442. who were all members of the New York City Campaign Finance Board. if not a duty. a scheme to defraud plaintiff of a reasonable expectation of successful participation in the suffiage process.Page 28 of 60 . and . Carter." Decision and Order.. that is an inherent scheme by all defendants for unjust enrichment. at 32... and interference with plaintiffs election franchise. interference with the right to a republican form of government by the two Jesuit defendants and defendant F.: 12-05515 . 403 U.108 to 109). S. Jenness v. Brown. In so doing. Fortson. 08-CV-2234 (APX . Williams v. 393 U. Jenness v. Rhodes. S. US DOS and DHS NO.. p.. The New York State Board of Elections and State agents maliciously failed to provide Strunk due process and equal protection with EL 53-106 and related law is properly before the Court under EL 816-100 jurisdiction / authority.A... 405 U. a State has an interest.S. JR. and includes a challenge to the Defendant "Soebarkah" that is the actual Indonesian surname name given Barack Hussein Obama I1 when he was adopted and became an Indonesian Citizen I discovered in DC FOIA case Strunk v. SCHWARZ. 415 U.

20 11 as of October 5." (see APX . That I wrote to the State Counsel for the State election authorities and pointed out the error. and Appellant's Brief for Appeal Index No.The Actions of the State to Deny Equal Protection and Due process. .257). . as an additional matter of extrinsic fi-aud controlling as to the scheme to defraud..: 12-05515 . The Actions of Ineligible candidates and campaign agents to facilitate fraud That Sedition is the subversion intended to be prevented under EL 53-106 38. The Actions of the State to Facilitated the Fraud for ineligible candidates..201 1 had been changed by the State and says that the President only had to be "Born a Citizen.Page 29 of 60 . 39.That while the Decision and Order was pending. rather than state that a presidential candidate has to be a "natural born Citizen" pursuant to A2S 1C5 as I believe pre-existed the 2008 New York General Election at the time I filed the Federal Case No.215). my associate the Information Technology expert Kevin Powell of Georgia on October 15.2011 affirmed his affidavit with exhibits (see APX . instead after March 22. The Actions of the State under color of State Law regarding HAVA and Section 5 of the Voting Rights Act by changing the POTUS eligibility from "natural born Citizen" to "born a Citizen" as if under the 14&Amendment.199) assembled after the 22 August 201 1 hearing that discovered that the State of New York's instructions for getting on the presidential ballot.: 08-cv-4289. and asked that a correction be made to state that a which is A2S 1C5 of our presidential candidate must be a "natural born Citizeny7 Constitution clearly and plainly states (see APX .

22 Appellant's Brief for Appeal Index No. I then appealed Judge Schack's declined order and on January 3. I stated to counsel for the New York State Board of Elections that I would be willing to settle his litigation if the New York State Board of Elections would change the ballot instruction from "Born a Citizen" to "Natural-born Citizen.157)." Judge Schack declined my application as premature (APX. asking that the court issue an order to the New York State Board of Elections that it correct the eligibility instruction from "born a Citizen" to "natural born Citizen.Page 30 of 60 .I was looking for the same type of relief which would have satisfied my concerns regarding the wording of the eligibility instructions.201 1." A concerned citizen wrote to the Secretary of State and pointed out the error and she simply made the correction by stating that a presidential candidate must be a "natural born Citizen. Not receiving any satisfaction. on October 21. 41 .40.com/puzo1/d/9 1538227.164). I filed an application for an order to show cause (APX." . and as Judge Schack The State of New Jersey also had the same type of error. But the State of New York would have none of it. using plain citizenship as the criteria for eligibility.154). At fust.scribd. As had been previously done in New Jersey to change the erroneous instructions there @)." but rather "natural born Citizen.At the October 25. the Secretary of State's instruction.: 12-05515 . did not state that the President had to be a "natural born Citizen.155 thru APX .New-Jersey-SOS-Eligibility-Instructions-forPresidential-Primary-20 12 ." The attorney told him that "they could not do that".2012 this Court dismissed my appeal sua sponte (APX ." The correct New Jersey instructions can be viewed at http://www.20 11. hearing on his order to show cause.Judge Schack never ruled on my application that the Board of Elections be made to correct the ballot instruction for election for the Office of President to say not "born a Citizen. 42.

303 [2001]. Further. instructed that: In determining whether a complaint is sufficient to withstand a motion pursuant to CPLR 321 1 (a) (7). bare legal conclusions are not entitled to the benefit of the presumption of truth and are not accorded every favorable inference (seeDoria v Masucci. He stated: "When determining a motion to dismiss. 248 AD2d 525 [2d Dept 19981. app dismissed 92 NY2d 844 [1998].: 12-05515 . the court must 'accept the facts as alleged in the complaint as true. Raysman. but no Judgment is rendered. 43 NY2d 268. 43.. and determine only whether the facts as alleged fit within any cognizable legal theory' (see Amav Indus. Ctr.326) I should pay for the costs incurred by the defendants in having to retain and pay their attorneys to defend them against this action for which all bills were submitted as ordered within the deadline.2012 with hearing Transcript at APX . 96 NY2d 300. [Emphasis added] For a plaintiff to survive a motion to dismiss for failure to state a cause of action. accord plaintiffs the benefit of every possible favorable inference.729 [2d Dept 19891). cert denied by Stoianoff v New York Times. Milstein." (Goldman v Metropolitan Life Ins. 5 NY3d 561. The court must accept the facts alleged in the complaint to be true and determirie only whether the facts alleged fit within any cognizable legal theory (see Dye v Catholic Med. Judge Schack did state the correct standard for the court to apply when deciding a motion to dismiss the complaint on its face. v Town of North Hempstead. Inc.87438 [ 1994 I) [Emphasis added]. 275 [1977]. in Morris v Morris (306 AD2d 449. 84 NY2d 83. 525 US 953 [1998]). "the sole criterion is whether the pleading states a cause of action. Co." (Residents for a More Beautiful Port Washington. Felder & Steiner. Retirement Trust v Brown.. 30 AD3d 474 [2d Dept Appellant's Brief for Appeal Index No. 230 AD2d 764 [2000]). Leon v Martinez." (Stoianoff v Gahona.45 1 [2d Dept 2003]). (See LoPresti v Massachusetts Mut. the Court. 273 AD2d 193 [2000]).Page 3 1 of 60 . and if from its four comers factual allegations are discerned which taken together manifest any cause of action cognizable at law a motion for dismissal will fail" (Guggenheimer v Ginsburg. Co. "The allegations in the complaint cannot be vague and conclusory.. However. Life Ins. of Brooklyn & Queens.ordered in the hearing on May 7. Inc. 570-57 1 [2005]). 153 AD3d 727. the factual allegations in the claim cannot be "merely conclusory and speculative in nature and not supported by any specific facts.

It found that the court therefore did not to have jurisdiction over his claims. requires a voter who files a ballot challenge to be of the same party as the candidate of whom the challenger complains.Judge Schack found that because it is not possible to easily gain notice from reading his complaint what his particular cause of action is. 8 AD3d 532 [Zd Dept 20041) (all emphasis in the original).The court found that Strunk did not sufficiently allege an injury in fact and therefore does not have standing. Hart v Scott. FAILURE TO STATE A CAUSE OF ACTION? 45. Appellant's Brief for Appeal Index No. But with pro se complaints. with just requiring that the person be a registered voter of the state. As I will show below. 27 AD3d 425 [2d Dept 20061. New Jersey has no same party requirement. Levin v Isayeu. Pennsylvania at most. Many states in the union have liberal standing standards when it comes to allowing voters of their states to file election ballot challenges.20061. I more than adequately set out a cause of action which can be discerned by an indulgent reading of the complaint. the complaint must be dismissed for failure to state a cause of action. The federal court standing standards have no application in the state election law challenge Strunk should be given standing to bring his ballot challenge.: 12-05515 .Page 32 of 60 . Judge Schack applied federal court standing standards to a state election challenge case. FAILURE TO HAVE STANDING? 44. courts have an obligation to hlly and in good faith search the complaint for a cause of action.

FAILURE TO PLEAD FRAUD WITH PARTICULARITY? 46.Judge Schack found that my fraud claim also needed to be dismissed because somehow I did not plead with particularity that I relied upon any of the defendants7statement.Page 33 of 60 . In my fraud claim.655) is more than enough of a matter of reliance that one would have that McCain would challenge Obama because he in fact is not NBC by the very definition used by the Senate Resolution .That Judge Schack contends that I did not plead that I suffered any pecuniary loss as a result of statement of any of the defendants despite the fact that I had in fact fired Obama (APX . Judge Schack found that the court has no jurisdiction because of the political question doctrine. He even cites and relies upon 3 U.C." FAILURE TO SHOW THAT THE COURT HAS JURISDICTION? 48.: 12-05515 . it is not necessary for me to continue my claim that Obama is not a "natural born Citizen.658) from being my power of attorney over the private trust accounts at the US Treasury that are now wasting under his mismanagement.did not challenge Obama that is a breach of my reliance upon McCain to do so. He found that the question of presidential eligibility and necessarily the meaning of a "natural born Citizen" are left by the Constitution to the Electoral College and Congress in joint session when it counts the Electoral College votes. 15which only applies Appellant's Brief for Appeal Index No. 47.S. despite the fact that John McCain's effort to have himself declared NBC by the Senate Resolution (APX . See.

: 12-05515 . and while finding no problem with my service upon the other main defendants.Judge Schack found that the court has no jurisdiction because somehow I did not properly serve Obama and McCain and each of their respective campaign finance entities and agents when in fact I did. . especially Penny Pritzker the Finance Chairwoman and Martin Nesbitt the Treasurer of Obama for America. Hence. But what is worse is that Judge Schack confounds and conflated candidates with incumbents.after the general election and when the Congress is in joint session counting the Electoral Votes. 49. He states that my challenge of the eligibility of "President Obama. He wrongly states that the States have no role to play in that process despite A2S lC2 that gives each State Legislature exclusive power to form an electoral college of their own choosing. The court did not find that Obama and McCain were indispensable parties and that the action could not proceed without their presence in the action." did not state that it is "Candidate Obama" that is challenged. Without even acknowledging that Obama is currently a candidate in the 2012 presidential election. Judge Schack found only that I did not properly serve Obama and McCain. The court relies strictly upon the Electoral College and Congress to decide whether incumbents are eligible for presidential office. even hypothetically Appellant's Brief for Appeal Index No.Page 34 of 60 . the Judge relies on the Electoral College's and Congress's lack of objection to Obama's eligibility in the 2008 presidential election.

States do have a critical responsibility to ensure that candidates on state ballots for federal office meet constitutional eligibility requirements.490 U. 387.Als0. The Judiciaw as the political co-equal branch under separation of powers duty and obligation is to interpret the U. sec. 3 19. Constitution and Laws in this case not the Legislature or Executive related to the NYS Board of Elections agents 5 1. Judge Schack looked to both the alleged facts and legal claims made by me relative to the "natural born Citizen" claim in order to determine the complaint was frivolous.S. Judge Schack found that my claim that Obama is not a "natural born Citizen" is frivolous. That high court decision under the supremacy clause is binding on the entire nation. THAT STRUNK'S COMPLAINT IS FRIVOLOUS? 50.: 12-05515 ." Hence. isfrivolous where it lacks an arguable basis' and 'embraces not only the inarguable legal conclusion. The "natural born Citizen" issue is the heart and soul of my action. Story on the Constitution. By cutting the States out of making sure that presidential candidates are eligible for the Appellant's Brief for Appeal Index No.S.325 [ 1989]).' (Neitzke v Williams.The meaning of any specific clause of the Constitution is a judicial question and one to be authoritatively decided ultimately by the United States Supreme Court not Congress or the Executive. but also thefanciful factual allegation.service upon the other defendants is sufficient to give the court jurisdiction over his claims against the other defendants which concern both Obama and McCain.Page 35 of 60 . Judge Schack states that " '/a] complaint containing as it does bothfactual allegations and legal conclusions. 52.

S. to any o f j i a l of the United States Government. As we have witnessed with the 2008 presidential election.: 12-05515 . Constitution requires that the President be a natural born citizen." . the court has cut out the States power to play in properly vetting presidential candidate early in the election process so as to not allow any unqualified candidate to advance too far and even to the point where the general public is voting for an ineligible candidate. I do not agree with the CRS's Jack Maskell's definition of a "natural born Citizen" which is any person who is a %~%80%9~~atural-~om%~2%80%9~-~itizenshi~-~li~ibili~-~e~uirement Appellant's Brief for Appeal Index No. the Congressional Research Service (CRS) (23) examined the issue of who is responsible for presidential vetting. The U. or requirement that a candidatefor federal ofJice produce his or her original birth certzjkate. regulation. guideline. rule. and reside in the U. In their report they opine that there is "no federal law. 35 years of age or older. and as explained herein. 54. nor is there a requirementfor federal candidates to publicly release such personal record or documentation. there is considerable confusion over the issue of who vets candidates for their eligibility for federal office.office they seek. With the outrageous reassertion of the doctrine of perpetual allegiance. 53.Page 36 of 60 . or a certiJied copy of the record of live birth. for 14 years prior to being elected.S. including the Office of President. The issue of eligibility has come up on at least seven occasions with regard to past Presidents and Presidential candidates.

which shall be construed liberally. Jurisdiction. 55. The CRS adds that "there is no speczjic federal agency or office that 'vets' candidatesfor federal ofice as to qual$cations or eligibility prior to elections. regardless of to whom or where born. Under the Constitution and state law."citizen of the United States" from the moment of birth. it is candidate Obama himself who wants to appear on the ballot.700). proceedings for examination or preservation of ballots and proceedings to enforce the provisions of article fourteen of this chapter. the best time to resolve any ballot challenge is at the primary level. supreme court. According to NYS EL 8 16-100 (24) that "The supreme court is vested with jurisdiction to summarily determine any question of law or fact arising as to any subiect set forth in this article.when in fact the entire process is an element of the ongoing fraud against the voters and the People of New York in which the schemers abuse suffrage NYS Election Law 5 16-100. Hence.Page 37 of 60 . The supreme court is vested with jurisdiction to summarily determine any question of law or fact arising as to any subject set forth in this article. That without any federal laws or guidelines on presidential vetting. At the primary level. it is the candidate who has to prove that the candidate is eligible to be placed on that primary ballot. The county court is vested with jurisdiction to summarily determine any question of law or fact except proceedings as to a nomination or election at a primary election or a nomination at a judicial convention.: 12-05515 . proceedings as to the casting and canvass of ballots." ( A P X . 1. the federal government has not precluded the states from doing so. which shall be construed liberally." (Emphasis by Appellant) as such affords broad jurisdiction to the State Judiciary over whether I should be made to challenge Obama's eligibility only after the general election in November 2012 . 24 Appellant's Brief for Appeal Index No. county court. 2.

" "tumult and disorder7' were to be avoided in selecting the President. 56. At that point. Surely by requiring any such candidate to produce documentary evidence of his or her identity and place of birth is a first step in producing that needed information which is so vital to such a complicated investigation. Such vetting should start as Appellant's Brief for Appeal Index No. What better way than for the states to aid in this complex investigation of that person who should want to run for that most important office.: 12-05515 ." He said that because the President was "so an important agency in the administration of the government.Page 38 of 60 . Alexander Hamilton explained that the President was a "person to whom so important a trust was to be confided. In The Federalist No.process and stole the cost of the election from the New York taxpayers. The states therefore serve a vital role in the beginning stages of the vetting of any presidential candidate." He advocated that the Electoral College "will be most likely to possess the information and discernment requisite to so complicate an investigation. Obama can argue that the courts do not have jurisdiction to tell the Electoral College or Congress how to do their jobs this matter is not moot according to the 25thAmendment and the State Court has a duty to interpret what the State has done to change Federal officer A2S lC5 eligibility under A2S 1C2 with exclusive power. Plaintiff(s) should not be made to rely on the Electoral College or Congress for resolving their challenge to Obama's eligibility to be elected President under A2S lC2. 68..

the alleged Certificate of Live Birth that Obama released via the internet on April 27. and the Society of Jesus and inclusion of a Appellant's Brief for Appeal Index No. 57. all at the expense of the Constitution. What better way to secure liberty and support the Constitution than to allow all our political institutions. the INS (immigration) file on Obama's father (APX .: 12-05515 . insults and ridicule.698). to have a role in presidential vetting. That while the Court argues that portions of my Complaint (references to the Vatican. to allow an ineligible candidate to advance to the Electoral College or even to Congress in joint session only brings with it tremendous cost. Dreams from My Father (APX . S8. he relies upon Obarna's admission in his book. and the Obama-Dunham divorce papers (APX -679). It is best that presidential eligibility requirements are met prior to the election of a candidate in order to avoid the prospect of Congress being asked and having to invalidate national election results. I have adequately pled such facts in my Complaint that Obama's father was not a U. As proof of this fact.685). political haggling. Furthermore. embarrassment for both political parties. citizen at the time of Obama's birth wherever that may be. including those of the states.S.soon as possible so as to avoid parties becoming entrenched in their selections and wanting to win at all costs at the expense of the people and their Constitution. Roman Catholic Church. and finger pointing.As to my factual allegations.201 1 (APX . 59.Page 39 of 60 .487).

p. 60. the Mafia.S.Page 40 of 60 ." the thrust of my legal argument. and despite the fact that many foreign members of the private organizations that have facilitated the ascendency of Obama to power especially Le Appellant's Brief for Appeal Index No.: 12-05515 ." There are some factual allegations in my Complaint that could raise some eyebrows of those unfamiliar with the last 80 years of European centric History nevertheless does not change the fact that Vatican Bank money laundering for drug cartels. 6 1. Decision and Order.106) oral arguments. and that the Holy See is not a named party nor is that religion per se questioned. Domestic and Foreign policy.long list of defendants) rise to the level of the "irrational. 20 (APX . That the Court can also understand my frustration in my naming domestic defendants who I believe have not only allowed but actively facilitated Obama to proceed unchallenged and others who I believe should be "taking responsibility to enforce the law which has not been done" regarding the question of Obama's eligibility for POTUS. Despite Judge Schack's contention that somehow I add some questionable factual allegations in my Complaint about the defendants' religious motivations to wit I flatly deny. is documented at trial. continues and outrageously interferes with U. Whether or not Obama is an Article I1 "natural born Citizen" citizen under the American common law standard that has been in place since the Founding is not a conspiracy theory or what Judge Schack pejoratively calls a "birther case. that Obama is not an Article I1 "natural born Citizen" as we shall see below is eminently reasonable.

That since I am alleging that the Vatican Bank is the campaign money laundering mechanism with JP Morgan here in New York (a well established fact for which it and its agents have been previously punished including the unindicted Keating five co-conspirator McCain's fi-iendship with Paul Marcinkus also involved in the savings and loan scandal involving the Chicago syndicate) as illegal foreign funds channeled to the Obama Campaigns.Cercle (2".P.". but aren't because of difficult service involved remain central to campaign finance.htm http://commercialclubchicago. Morgan Bank where the Obama Campaign has its account as its exclusive landing bank in New York .do not express "irrational anti- Catholic bias.bibliotecapleyades.Page 4 1 of 60 .int/?lang=en with a financial stake in Obarna-Care 30 http://~~~. along with the infamous Saudi Financier Adnan Khashoggi should have been named as material. Pilgrim Society (261.php?title=Council~for~NationalPolicy Appellant's Brief for Appeal Index No.and only until just 25 http://~\~~. the Plaintiff's allegation is that foreign money was laundered through its Vatican Bank facility to J.orgl 29 http://www.orglindex. 62.htm#TheVaticanPaneuropa-network 27 28 http://~.net/sociopoliticdsociopol -lecercle07.net/~ociopo1iticdsociopoll00 1club01.: 12-05515 .~ourcewatch. I am obligated to make the connection to that institution and defendants.orderofinalta.bibliotecapleyades. 1001 Club (27). Council for National Policy (SO). Commercial Club of Chicago Sovereign Military Order of Malta (29).

the Vatican Bank now uses Wells Fargo Bank instead.: 12-05515 . Even hypothetically were those suspect factual allegations which Judge Schack admits Plaintiff "weaves" into the complaint as I must do when the Vatican Bank is involved with money laundering illegally. alleges that the correct interpretation of the natural born Appellant's Brief for Appeal Index No." which defmition as we can see below is adequately shown to exist by the historical record and case law of our United States Supreme Court.recently when it resigned because of money laundering investigations. are not relevant to the question of what is a "natural born Citizen" and whether Obama meets that definition. NATURAL BORN CITIZEN is not only BORN A CITIZEN 63.Page 42 of 60 .As to my legal arguments as to what is a "natural born Citizen. But even whatever were those questionable factual allegations regarding defendants' motivations in regards to the intrinsic fraud complained of. should therefore not trump the otherwise sound part of my complaint and be used as a means to create a circus-type atmosphere in the court by falsely coloring Plaintiffs motives and thereby to obfuscate the real argument that I make at the heart of both the intrinsic and extrinsic firaud which is that Obama does not meet the status quo American common law definition of a "natural born Citizen. as well as his opposition to defendants' motions to dismiss. Judge Schack mis-stated: "Plaintiff STRUNK'S complaint." Judge Schack did not correctly state my legal position and by doing so actually created a straw man argument.

" 65. Canada. Plaintiff STRUNK cannot wish into existence an interpretation that he chooses for the natural born citizen clause. see Minor v Happersett.S.Page 43 of 60 . soil. 167 [1875]). Ireland. Clause 5 does not state this. President to have had one or both of his parents not born on U. 1. . There is no arguable legal basis for the proposition that both parents of the President must have been born on U. "The phrase 'natural born Citizen' is not defined in the Constitution. Article 11. S. and. Constitution requires a natural born citizen to have been born on United States soil and have two United States born parents. President Herbert Hoover's mother was born in Nonvich. . Ontario.S.: 12-05515 . Despite plaintiffs assertions. Moreover. No legal authority has ever stated that the natural born citizen clause means what plaintiff STRUNK claims it states. President OBAMA is the sixth U." This argument is strictly a creation of Judge Schack. I argued that a "natural born Citizen" is a child born in the United States to "citizen" parents. must have been born on U. see Charles Gordon.S. L. Plaintiff STRUNK and his fellow "birthers" might not realize that both parents of President Andrew Jackson were born in what is now Northern Ireland.5 (1968). But I did not argue that a "natural born Citizen" child has to be born to "two United States born parents" or that "both parents . Rather. 88 US 162.citizen clause of the U. Rev. 64. Section 1. President Chester A. Who Can Be President althe United States: An Unresolved Enigma. It is outrageous misbehavior that Judge Schack would question my own parentage as a "natural-born Citizen" so nonchalantly shows his bias as if I were ignorant of my own heritage in regards to my own parents and to the actual meaning used in my Complaint when in fact: Appellant's Brief for Appeal Index No. 28 Md. Arthur's father was born in what is now Northern Ireland. President Woodrow Wilson's mother was born in Carlisle.S. soil. England. This assertion is as frivolous as the multitude of alleged allegations outlined above. nor does it appear anywhere else in the document. I correctly argue that "born Citizen" is not the same as "natural born Citizen. soil. President James Buchanan's father was born in County Donegal." (Hollander v McCain at 65).

citizenship of my grandfather Moses when she married by American common law before the Cable Act of 1922. The first step in constitutional interpretation is textual analysis of the clause in question. my maternal grandparents were British subjects who immigrated to New Jersey from Canada.S. because her father and mother. an idiom. the word "natural" is part and parcel of the full clause. And.S." The clause as a whole is a word of art.a.: 12-05515 . The historical record shows that it has always been used as such and that it has never been used in some expanded way as "born Citizen" suggests. By using "born Citizen" rather than "natural born Citizen.because his father Moses. Rather what needs Appellant's Brief for Appeal Index No. Citizen parents (my great-grand parents) at his birth. and who married my Prussian born Grandmother Elizabeth who immigrated to the USA. In that analysis.Page 44 of 60 . Hence." would be saying that we do not need to consider and define "natural. On the contrary. were domiciled legal resident aliens when Mother was born. My father Earl Henry Strunk is a "natural born Citizen7'in 1917 as defined by Minor . we have to look at each and every word of the clause which includes "natural" and define that word.S. b. the clause is a unitary phrase with a unitary meaning. 66. "natural" cannot be separated from the clause. "natural born Citizen." that the Framers just threw that word in as surplusage. assumed U. that my mother Beth Hardwick in 1915 was born a 14thAmendment U. Citizen defined by Kim Won2Ark. my grandfather had been a naturalborn Citizen to his own U. Indeed.

67." As Minor aptly explained. that Wong Kim Ark included the clause "natural born subject" in the context of its discussion of what is a Fourteenth Amendment "citizen of the United States" does not through some amazing feat of logic convert a "citizen of the United States" into a "natural born Citizen. a "natural born Citizen" is neither created by the Constitution nor depended upon it. 40 1 U.: 12-05515 . That someone acquires his or her citizenship from the moment of birth simply does not equate to that person being a "natural born Citizen. Bellei. 8 15 (1971) tell us that persons may be "naturalized" from the moment of birth." Furthermore. In this textual analysis. We accept that "naturalized" person are not "natural born Citizens." Appellant's Brief for Appeal Index No. we cannot simply take that idiom and say that it means some other manufactured definition of the clause.S.Page 45 of 60 . We cannot simply proclaim without evidence that the meaning of that idiom equates to the manner in which Congress and the Fourteenth Amendment allows persons to acquire the status of a "citizen of the United States" as of the moment of birth. No U. Hence.to be done is to search for the meaning of the whole clause and not its parts. Supreme Court case or Justice has adopted such a manufactured definition or even said that such a meaning prevailed at the time of the Founding. neither Fourteenth Amendment nor its debates on who shall be a "citizen of the United States" does not control who shall be "natural born Citizens." Even Wong Kim Ark and Rogers v.S.

" 69. any person that is a "born Citizen" who claims to be a "natural born Citizen" still has to show that he or she satisfies the idiomatic meaning of the clause which the historical record and U." The fact that the Framers included the word "natural" as an additional qualifier tells us that quite plainly. simply having a status of a "citizen" from the moment of birth does not necessarily equate to one being a "natural born Citizen. see Minor v. for if such an interpretation were correct the Framers would simply have said "born Citizen. Hamersett.Page 46 of 60 . (21 Wall.S. Hence. Supreme Court case law show to be a child born in the country to parents who are citizens of that country. For this time-honored natural lawllaw of nationslAmerican "common-law" definition of a "natural born Citizen". upon their birth. Happersett in 1875 and Wong Kim Ark in 1898 confirmed is the correct American common law definition of a "natural born Citizen." So.S. Wong Kim Ark.: 12-05515 .S. This definition is exactly what our United States Supreme Court in Minor v.) 162 (1875) (decided after the Fourteenth Amendment was adopted in 1868 and holding that "all children born in a country of parents who were its citizens became themselves. 88 U. as distinguished from aliens or foreigners"). What Minor said about a "natural born Citizen" was confirmed in US. citizens also. 169 U. These were natives or natural-born citizens. 649 (1898) (acknowledging and confirming Minor's American common law definition of a "natural-born citizen7'but adding based on the English common law that since Appellant's Brief for Appeal Index No. v.68.

28 U. 28 U.S. This American common law definition of a "natural born Citizen" has also been recognized and accepted by a Founder and member of our U. Dupont.Page 47 of 60 . a child born in the United States to domiciled alien parents was a Fourteenth Amendment "citizen of the United States". which only deal with a "citizen of the United States" and not a Appellant's Brief for Appeal Index No. S.S. 242.S."'[tlhe child of an alien.245 (1830). 3 93 (1857). This American common law definition of a "natural born Citizen" has never been changed. is as much a citizen as the naturalborn child of a citizen. It is shown that the original American "common-law" definition of a "natural born Citizen" was not changed by either the Fourteenth Amendment or Wong Kim Ark. 7 1. Supreme Court as early as 1814 in The Venus.S. It was again confirmed by Justice Daniels in Dred Scott v. not even by the Fourteenth Amendment (only uses the clause "citizen of the United States" and does not mention "natural born Citizen") or Wong Kim Ark.289 (1 8 14) (Chief Justice John Marshall dissenting and concurring for other reasons). and therefore still prevails today. Sandford.: 12-05515 . 99 (1830) and Shanks v. if born in the country. 70. 60 U. (8 Cranch) 253. Sailors ' Snug Harbor. Supreme Court cases define a "natural born Citizen" as a child born in a country to parents who are citizens of that country. Both those U. S. and by operation of the same principle [birth in the country]"' (bracketed information supplied). It was also again confirmed by Inalis v. 12 U.

the enlightened intellectual mindset of the Founding period which focused on natural law and the law of nations as commented upon by Cicero. the motivating spirit of the American Revolution. Rusk.S. 73. Regarding the citizenship status of the parents of a "natural born Citizen. this is the most natural interpretation of the clause. Ward.D.C. 94 (1884)." Hence. No.C.5 Dill. U.Page 48 of 60 . Rousseau. Elg. Congressional acts on naturalization. John Locke. 163 (1964). the way that founding -era legal scholars such as Chief Justice John Marshall.719 (C. Given the meaning of the clause since time immemorial. 582. 42 F." the Constitution and Congressional Acts clearly and without question show that a Appellant's Brief for Appeal Index No. Perkins v. Cal. George Tucker.Cas. Elk v.S. and a lower federal court in Ex parte Reynolds. Burlamaqui. 325 (1939) and Schneider v. 36 (1872). Wilkins.S. Emer de Vattel. 1890).S.S. Finally. 20 F. 72. 394. 112 U. the same original definition of a "natural born Citizen" was again expressly confirmed by the whole U. St."natural born Citizen. and the whole historical record.Ark 1879) and United States v. David Ramsay. the Founders and Framers desire to preserve the constitutional republic for Posterity. Pufendorf.S. 83 U.D. 377 U. 307 U.320 (C. and James Wilson defined American citizenship. Supreme Court in Minor and Vong Kim Ark.S.W.: 12-05515 . Supreme Court case law. 11. this same definition was implicitly confirmed by Slaughter-House Cases.

So it is totally irrelevant to my claim that according to Judge Schack's ridiculous ipse dixit theory that somehow "Obama is the sixth U. None of the legal actions filed against Obama on his eligibility have made such an argument and neither did I make such an argument. other than Chester A. qualified to be President.: 12-05515 .354 shows that to be born NBC means there are permutations of citizen parents that means NBC = NBC +NBC or NBC = Nl3C + citizen or NBC = citizen + citizen. President to have had one or both of his parents not born on U. what I argued and argue is that a child needs to be born in the country to parents who are both either "natural born Citizens" (NBC) or "citizens of the United States" (citizen) by naturalization at birth or after birth.S. 76.Page 49 of 60 . 75. Arthur who like Obama cannot benefit from Article 11's grandfather clause and was not born to citizen parents. soil. Section 1." those presidents. Judge Schack has not decided the merits of the legal argument that I made concerning what is a "natural born Citizen."citizen" may be one either by being "natural born" or naturalized either at birth or after birth." but rather a legal argument that he Appellant's Brief for Appeal Index No. Hence. I did not argue that the parents needed to be born citizens or born on the soil of the United States and in fact a close reading of the transcript at APX . S." for under Judge Schack's interpretation of the Article 11. Clause 5 and his definition of a "natural born Citizen. 74.

If that were a valid reason for disagreeing with someone's definition of a constitutional clause." "The issue of whether President Obama is constitutionally qualified to run for the Presidency is certainly substantial."' "It is also clear that there will be a legal dispute over the Constitution's definition of 'natural born citizen' and the Supreme Court's decision in Minor. 77. Furthermore. National Democratic Party of the USA. Who can be President of the United States: An Unresolved Enigma. in Tennessee. As is often said.himself created regarding that clause." 78. 12-2143-STA. not having yet passed on the argument that I made.Rev. 28 Md. Additionally. McCain at 65" which cited Minor and Charles Gordon. the Constitution is not a dictionary of legal terms. Its meaning has to be gleaned fiom its text. Judge Schack disagrees with my definition of a "natural born Citizen. Judge Schack surely cannot reasonably conclude that my argument is frivolous.: 12-05515 . if possible." and "disputed. 1." although as I have shown above Judge Schack states a definition by cherry picking one which I did not put forth. is important and not trivial. So we can see that the federal court found the issue of whether Obama is a "natural born Citizen" to be "important and not trivial." "substantial. Case No. the Federal District Court just recently stated: "The Court finds that the federal question presented. For example. the Appellant's Brief for Appeal Index No. because the Constitution does not define the clause." Liberty Legal Foundation et al v. Hence. and when not possible. the meaning of the phrase 'natural born citizen' as a qualification for the Presidency set out in Article I1 of the Constitution.Page 50 of 60 . Inc. L. et al. citing "Hollander v. we basically would have virtually no interpretation of the Constitution at all." "It is clear that the stated federal issue of President Obama's qualifications for the office are 'actually disputed and substantial. 5 (1968). fi-om sources outside the Constitution.

All this also shows that it is not true that my complaint presents no legitimate basis in law or fact which warrants sanctions. All Litigants Have A Right To Impartial And Considered Justice 80." And have shown that my definition is more than reasonable to raise a genuine constitutional question." He offers no other authorities showing that I am wrong. Yet. New York State Bar Association. That the Constitution does not defme a "natural born Citizen" is the only argument that Judge Schack makes to discount my position as to what is the meaning of a "natural born Citizen. Also. 2d 897 Appellant's Brief for Appeal Index No. our nation has arrived at a meaning of the clause by looking outside the Constitution. the Court did not say that these grounds of dismissal support the Court's finding that the action is frivolous.Page 5 1 of 60 ." Muka v. we should know that Charles Gordon in the very same article cited by Judge Schack states that neither the Fourteenth Amendment nor Wong Kim Ark's holding defined a "natural born Citizen. As Judge Schack correctly states. and collateral estoppel.: 12-05515 . all this shows that I did allege a particular cause of action and gave sufficient notice of both the facts and the law that support my cause of action. Hence.Fourteenth Amendment does not tell us what "subject to the jurisdiction" means. 120 Misc. Even assuming arguendo that the Court is correct about standing." 79. Rather. "all litigants have a right to impartial and considered justice. my complaint is not frivolous. Surely. jurisdiction. the Court's finding of fi-ivolous concerns my definition of a "natural born Citizen.

" "his fellow 'birthers." 81.Page 52 of 60 . the public. On the contrary. Apart that there is no factual or legal basis for the Court to sanction me. as even the federal court in Tennessee has confirmed. whether Mr. but would do a great disservice to our system of justice and republican form of government. But Judge Schack's references to " 'birther' cases" " 'birther' action. a legitimate and substantial constitutional issue which to date has escaped being address in any meaningfbl way. Rather.(Sup. Tompkins County 1983). "Birther" is a pejorative term that is used by Obama's supporters. there are also public policy reasons for not doing so. 82. The court adds that such a policy is justified in that it works to save judicial resources." '"birther' movement."' is hardly any show of actually receiving that "impartial and considered" justice. not knowing the h l l details of this matter and after having been bombarded by Appellant's Brief for Appeal Index No.: 12-05515 . It is a quick way to dismiss through ridicule and ad hominem attack any argument that is made that Obama is not an Article I1 "natural born Citizen. for the Court to sanction me under the existing circumstances would not only save judicial resources by preventing me from filing further Article I1 eligibility actions in New York in the hture. Ct. As I have shown. With any such sanction. it is. as Judge Schack states in his opinion that sanctions of the court are designed to punish in the present so as to deter what the court deems unacceptable behavior in the future. Obama is a "natural born Citizen" is not some conspiracy or "lunatic fringe" argument.

we can easily see the chilling effect that the Court's sanction will have to not only people resorting to our court's in search of what they deem to be justice. will come away with the thought that I was sanctioned by the "Supreme Court of the State of New York" because I filed a complaint in a court of law claiming that Mr. and should discharge its show cause order. other courts will be pressured to do the same should anyone file any such action. This is especially grave given that Mr.: 12-05515 . Obama is not an Article I1 "natural born Citizen. Hence.Page 53 of 60 . Additionally. 83." The public will therefore not only be made to think that there is no legitimate basis in filing any such legal actions against Mr. For these reasons.manipulated and propagandist use of the court's sanction decision by Obama's supporters. but also that if anyone so dare. Plaintiff has been a dedicated and loyal New York State Citizen 84. Obama is now being more carehlly publicly and privately vetted for his re-election. but also stifling the free exercise of political speech and discourse in all comers of America. the Supreme Court of the State of New York should not sanction or otherwise discipline pro se litigant. Christopher Earl Strunk in esse. Beyond the fact that I was born and in part educated in New York and that I am an Eagle Scout dedicated to GOD and Country although no longer "obedient" Appellant's Brief for Appeal Index No. Obama. because we follow the doctrine of stare decisis (to abide by or adhere to decided cases). he or she will be severely sanctioned by our courts.

: and WHEREAS Through his unselJishdedication and competent discharge of duty.Page 54 of 60 . That on May 2 1. Christopher Strunk has brought enduring honor to the New York State Facilities Development Corporation. I worked my entire life here in both public and private endeavors and am not to be characterized as frivolous..wikipedia.org/wiki/Willowbrook-State-School Appellant's Brief for Appeal Index No.and "reverent" as admitted above. for his Innate and ingenuous concernfor the preservation and enhancement of human dignity that this Assembled Body commends Christopher Strunk. Bartel USDJ of the EDNY to close the Staten Island Development Center "I).857) and as a result of my dedication then Governor Cuomo used me to personally direct and fulfill the "Willowbrook Consent Decree" by the Honorable John R.. I have been dedicated to the New York State Constitution and laws at all times and dedicated to my and my fellow citizen suffrage and voting rights. and further when Chief Justice Judith Kaye in 2003 called for Citizen 31 http://psychcentral. 1985 the entire New York State Legislature enacted a joint commendation of my dedication to my Public duties as a management confidential public officer of the New York State Facilities Development Corporation who decreed that "WHEREAS It isfor his perception of the value and worth of others. to wit I completed that task in 1987 on time and within budget.. 85..com/blog/archivesl2O11/O5/23/abandoned-minds-social-justice-civil-rightsand-mental-health-part-11 http://en." ( A P X .: 12-05515 .

~ r g ! c o u r t s . involved myself in several voting i l l v. the rights cases including the Federal case in which I joined with the Arbor H County of Albany NDNY 03-cv-502 as a matter of disenfi-anchisementin re the VRA of 1965'~~). This scenario would most likely be used in the event that the President were mentally incapacitated. and further.1129. in which I intervened . and in effect have been vindicated when SDNY Bankruptcy Court held that the John D. either voluntarily. Feerick (32) Commission to Promote Public Confidence in the Judiciary for my testimony published by the Feerick Center of Fordharn University School of Law. in support of the New York State Justice Association and the State Constitution(35) . Feerick of Fordham Law was primarily responsible for the composition of the 25th Amendment to the United States Constitution.gov/sites/default/files/opinions/02cv6465pi053003. with a unique perspective as to the role of the Judiciary and real property. and further. 33 h t t p ~ : / / b ~ l k .: 12-05515 . and then how the President's Cabinet.pdf 35 http://law. was an essential party to broaden the case The New York State Green Party v. I opposed the Brennan Center efforts financed by George Soros to do what I saw was to seize control over the State Judiciary in the case before John Gleason Lopez Torres v Ehe State o f New York 04-cv. This amendment specifies how a president can remove himself from office temporarily or be removed from office by a majority of his cabinet. if he so chooses.Page 55 of 60 . and the process that follows for the President to attempt to regain power before Congress.participation with the John D. through anesthesia in a medical procedure or involuntarily in the case of a mental illness.uscourts.justia. g ~ V / C l 34 http~://~. The New York State Board of Elections 02-cv-6465 before the Honorable John Gleason in the matter of citizen right of association and speech and fiuther. r e ~ ~ ~ r c e . can remove him from power.nyed.com/cases/federa~appel1ate-c0~3/462/16 1/525026/ 32 Appellant's Brief for Appeal Index No. once again.

inclusive of my personal right to substantive and procedural due process proceedings under the Judicial Power of both my State and my Nation as guaranteed by the Federal and State Constitutions and Congress granting each State of the Union under the equal footing doctrine.'" Federal Reserve. EDNY 07-cv. Goldman Sachs et al.844). a Republican form of government.847). Consistently I take my citizen speech responsibility seriously and not to be marginalized. 86.: 12-05515 .pdf Appellant's Brief for Appeal Index No. I gave testimony in the Assembly Education Committee in the matter of Federal responsibility to enforce immigration law and reimburse the State regarding the Campaign for Fiscal Equity decision to unreasonably burden upstate real property owners for the education of illegal aliens in NYC (APX . And fbrther Christopher Earl 36 http:II~~~.gov/opinionsIcgdl86630~39~opinion.ny~b. Therefore.Page 56 of 60 .~~~0~rts. Christopher Earl Stmnk in esse proceeds at all times with explicit reservation of all my rights and without prejudice with respect to any of my unalienable rights.1171 before Judge Ross complained of the emerging matter of sub-prime mortgages. the New York '. and then in regards to the same lack of enforcement I was invited to testify by NYS Senate majority leader Joseph Bruno before the Committee in opposition to giving drivers license and State citizen privileges to illegal aliens in 2007 (APX . and still hrthermore.Mortgage Electronic Recording System (MERS) is facially unconstitutional especially in that in 2007 as a Plaintiff in Jah Thomas et a1 v. not a Corporate form of government.

1 and as defined in the alleged 14th Amendment to the United States Constitution. and by mistakes resulting also from the constructive fraud and misrepresentation mentioned throughout this Affidavit.1. That Christopher Earl Strunk in esse rebuts any erroneous presumptions and or terminates any erroneous election of U. state and affirm the following to Almighty God to be noticed by other parties with interest: 87. "residence" which may have been established in error by the filing of any prior IRS forms. by mistake resulting in part from the demonstrable vagueness that is evident throughout Title 26 USC and it's regulations.Strunk in esse. and when it was Appellant's Brief for Appeal Index No. Christopher Earl Strunk in esse has never been subject to that jurisdiction except in National Military Service and Christopher Earl Strunk in esse has never been a "United States citizen" as defmed in 26 C. that Christopher Earl Strunk in esse was neither born nor naturalized in the "United States". Judge Ross held that my complaint in 2008 did not belong in Federal Court but must deal with State law matters.Page 57 of 60 .: 12-05515 . and as such I fashioned the Petition 2964 1-08 f the case in my complaint of 29642-08 without the Board of to determine the law o Elections until the State Constitutional status of the 2008 dual office holders who are the electors was decided by my 29641-08 Petition. CONCLUSION IN SUPPORT OF EQUITY RELIEF AND REMAND 88.R.F.S. 1. schedules and other statements.

send me back to trial court before Justice Schmidt assigned to the: a. and so here we are nearly five years later having been denied speedy and fair justice. That the WI was filed by Mr. and because Justice Schmidt would not issue a subpoena for necessary records to amend the complaint.: 21948 / 2012 that challenges the incompatibility of POTUS Electors using the law of the case determined by Justice Schmidt in the Petition 2964 1-08 defining the Appellant's Brief for Appeal Index No. McCain's local attorney under penalty of perjury without listing the related case 29642-08. then the people of this State and country need to know. and as such I filed the new Complaint 6500-20 11. and accordingly I will go elsewhere and deal with the imposition of sanctions and costs . That res judicata and or collateral estoppel do not apply to my complaint 89. and two years later receiving several.determined. I filed my Freedom of Information Act case for the records in Washington DC (08-cv-2234). 90. This Court needs to decree that if my vote no longer is meaningful in New York and the New York State Board of Elections may do as it wishes with impunity.otherwise.but could not afford the cost of the WI.: 12-05515 .Page 58 of 60 . I went back before Justice Schmidt to file service nunc pro tunc and amend the Complaint of 29642-08. but instead he suggested that I just file a new case with my claim of fraud including the Board of Elections for the first time. related current Article 78 Petition Strunk v Jeffiies et a1 Index No.

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. - Appellant's Brief for Appeal Index No. ..< . As to the foregoing.: 12-055 15 . -. .... and requests a sur-reply. it is true to my own knowledge.92. . .:Commission Expires June 30.. . . and personal knowledge. except as to the matters therein stated to be alleged on information and belief. * . 2 0 4 a . . .Page 60 of 60 . and as to those matters I believe it to be true. . f7 Sworn to before me This day of March 20 13 2 . . . and Affirmant will testify to these facts and matters in open court and or by special appearance. books and records.. The grounds of my beliefs as to all matters not stated upon information and belief are as follows: 3rdparties.- 3 .

and XYZ Entities. STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE. APPELLANT’S APPENDIX Christopher-Earl: Strunk in esse.a.. BIDEN.k. THE NEW YORK STATE REPUBLICAN STATE COMMITTEE. Steve Dunham). DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK. John and Jane Does. 2012-05515 Defendants / Respondents. PETERSON. MARK BRZEZINSKI. S. PETER G.. GREGORY P. New York 11238. SCHWARZ. RUTH NOEMÍ COLÓN. Deputy Director STANLEY ZALEN. JOHN A. STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE.ws .a. DOUGLAS A. -against- APPEAL CASE INDEX NO. JAMES A. PETERSON / Commissioner.k. THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY.k. S. THE SOCIALIST WORKERS PARTY. in their Official and individual capacity. a. VALENTINE. ZBIGNIEW KAIMIERZ BRZEZINSKI. Fr. PENNY S. EVELYN J.a.WALSH / Co-Chair. IAN J.O.. SOEBARKAH (a. MCCAIN-PALIN VICTORY 2008.J. JR. JR. JOSEPH R.: NEW YORK STATE BOARD OF ELECTIONS.. Barry Soetoro. PRITZKER. ANDREW CUOMO. BOEHNER. JOSEPH A. RÓGER CALERO. Plaintiff –Appellant / Private US Citizen Self-represented w/o being an attorney 593 Vanderbilt Avenue #281. Barack Hussein Obama II. ERIC SCHNEIDERMAN. GEORGE SOROS. MCCAIN VICTORY 2008. JOSEPH P. OBAMA VICTORY FUND. FREDERICK A. 845-901-6767 E-mail: chris@strunk. JOHN SIDNEY MCCAIN III. DINAPOLI. Brooklyn.--------------------------------------------------------------------x Christopher-Earl: Strunk. AQUILA / Commissioner. BRZEZINSKI. OBAMA FOR AMERICA. Fr. Deputy Director TODD D. a. in esse Plaintiff / Appellant. THOMAS P. KELLNER / Co-Chair. PARKES. NANCY PELOSI.J. O'HARE.

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Notice of Entry (only) of Decision and Order by Joel Graber of the State of New York Attorney General’s Office Catholic Lawyers Guild. 2013 October 26. Standard. 2013 February 13. 2012 May 23. Krinsky. & Lieberman. P. for the Socialist Workers Party and Roger Calero Notice of Entry (only) of Decision and Order by McGuire & Woods LLP for the Brzezinski Family Notice of Entry (only) of Decision and Order by Caplin & Drysdale. 2012 October 18. Chartered for McCain et al Notice of Entry (only) of Decision and Order by Wiley Rein LLP for John A. Farr & Gallagher. 2013 Order by Judge Schack denying Motion to Supplement the Complaint for Presentment of Evidence shown at 718 RADI . Cardozo Corporation Counsel for the City of New York Campaign Finance Board.C.catholiclawyersguildofkingscounty. 2013 Notice of Entry (only) of Decision and Order by Harris Beach PLLC for Penny Pritzker et al Notice of Entry (only) of Decision and Order by Michael A. Diocese of Brooklyn ”Home Page” http://www. LLP for George Soros Notice of Entry (only) of Decision and Order by Rabinowitz.Request for Appellate Division Intervention . 2012 May 23.APPELLANT'S APPENDIX APPEAL CASE INDEX NO. Boudin. 2012 June 18.com/ Page 28 29 30 34 Appellant’s Appeal Appendix Table of Contents …………………… i .civil Notice of Appeal Notice of Entry (only) of Decision and Order by Willkie. 2013 Judicial Subpoena of Original Record on Appeal for 6500-2011 Certification of Transcript for Index 6500-2011 Appellate Order Granting Extension of time Appellant’s First Letter Request for extension of time to perfect due by February 22.: 2012-05515 APPENDIX INDEX APX PAGE NO: 1 3 4 6 7 717 10 17 19 20-A 21-A 24 26 Entry Date February 20. 2013 February 13. 2012 Appellant’s Second Letter Request for Extension Time for filing by March 8. Boehner February 15.

Esq. for His "Natural Born Citizen" Litigation’ http://puzo1. 2012 Amicus by Mario Apuzzo. 2012 April 13. 2012 Exhibit 4 Forged Certificate of Live Birth (CoLB) long form dated April 25. 2010 certified U. 2012 April 12. 2007 with Factcheck. entitled ‘The New York State Court Should Not Sanction Pro Se Plaintiff.. 2012 April 12. DOS FOIA release of Stanley Ann Dunham Exhibit 8 Barack Obama perjured application for entry to the Illinois bar 39 49 79 106 834 718 718 730 736 740 751 753 768 777 792 Appellant’s Appeal Appendix Table of Contents …………………… Page ii . Christopher Earl Strunk. 2011 Press Conference Exhibit 6 Forged CoLB Short form stamped June 6. 2012 Order and Decision the Supplement to the Complaint with Index No.com/2012/05/new-york-state-courtshould-not.: 2012-05515 APPENDIX INDEX APX PAGE NO: Entry Date May 6. 2011 Exhibit 5 TRANSCRIPT of Barack Obama April 27.blogspot.org analysis Exhibit 7 July 29.S. 2012 May 7. 2012 Exhibit 2 AZ SOS Certified Affidavit by Barack Obama for AZ Ballot access 2007 Exhibit 3 Sheriff Arpaio’s COLD CASE POSSE Preliminary Report March 1. 2012 Decision and Order shown at APX – 106 The April 11.html Transcript of OSC Proceeding Before Judge Schack Plaintiff filed a Response to the OSC of April 11. 2012 May 3.APPELLANT'S APPENDIX APPEAL CASE INDEX NO. 6500-2011 Plaintiff Motion for Presentment of Evidence of Forgery and Spoliation as Supplement to the Complaint By Request for the Leave of the Court with the Supplement to the Complaint annexed thereto Plaintiff Affidavit in support of Notice of motion for presentment of evidence of forgery and spoliation as supplement to the complaint with: Exhibit 1 Maricopa County AZ Sheriff’s Office Press Release March 1.

Arena confirms that evidenced in The Internet Archive's source code on line 221 as can be seen in the screenshot referred to as Exhibit E Exhibit 5 . 2011 October 5.APPELLANT'S APPENDIX APPEAL CASE INDEX NO. Powell Sub-exhibit C – DVD of actual on-line research by Mr.October 12.Mr.blogspot. 2011 October 25. Powell Sub-exhibit D – printout of his DNS report with the IP trace. 2011 Plaintiff email to State’s Counsel 793 810 154 158 155 164 168 171 189 192 194 199 212 215 240 242 250 257 Appellant’s Appeal Appendix Table of Contents …………………… Page iii . 2012 November 19. 2008 thru February 2009 Plaintiff’s Memorandum in support of Notice of motion for presentment of evidence of forgery and spoliation as supplement to the complaint Sua Sponte Appellate Order M130881 Appeal case 2011-11561 Notice of Appeal for Interlocutory Order with RADI statement for Appeal case 2011-11561 Judge Schack on October 25. 2011 declined to sign the OSC thereafter taken on appeal without leave Emergency Application for an Order to Show Cause in regards to The New York State Board of Elections involvement in an extrinsic fraud Discovered after August 11. Report by Mr. 2011 Order to Show Cause for a Mandamus Stay and Injunction Affidavit in support of Order to Show Cause for a Mandamus Stay and Injunction regarding “Born a Citizen” with: Exhibit 1 – Stipulation of Extension between Plaintiff and State Defendants Exhibit 2 . 2011 Exhibit 9 statements by congressmen from November 11.http://pixelpatriot. Sub-exhibit E . 2011 October 21.Pre-Discovery Conference Notice Exhibit 3 – NYT Article on State of New Hampshire Presidential Primary Exhibit 4 – Expert Witness Kevin Richard Powell Affidavit with sub-exhibits A thru E Sub-exhibit A – Credentials of Kevin Richard Powell Sub-exhibit B . 2011 October 15.com/2011/10/newyork-state-boe-website-cover-up.: 2012-05515 APPENDIX INDEX APX PAGE NO: Entry Date January 3.

Obama and Barack Hussein Obama Sr. 2011 July 28.Minor v. 2011 Exhibit 6 . 2009. 2009 letter from White House to Christopher Strunk. Senate Sense Resolution 511.APPELLANT'S APPENDIX APPEAL CASE INDEX NO. 2011 with: Exhibit 1: June 2008 BHO II CoLB. 2011 August 11. 2011 on the Post & Email Article by Creg Maroney Exhibit 9 – October 7. Exhibit 5: Certified Birth Certificate of john Sidney McCain III by the Panama Canal Company. 2011 NYS BOE Denial of records Exhibit 11 – 2008 Election Pamphlet Exhibit 12 – WND Article about Soros considerable investment in Uganda oil Memorandum in support of Order to Show Cause for a Mandamus Stay and Injunction Transcript of the Motions Hearing Proceeding Before Judge Schack Second Extension of time for the State Defendants to answer Notice of appearance by New York State Attorney General Office with First Stipulation for extension of time to answer Plaintiff’s Combined Response to the Motions to Dismiss of SOEBARKAH et al. Happersett as Standing Precedent on Citizenship Exhibit 7 .S. 1964 Divorce Decree between Stanley Ann D.October 14. 2011 May 31. State’s Counsel email to Plaintiff regarding Stipulation Exhibit 8 – October 13. Exhibit 7: a copy of the March 20. 261 273 277 284 288 292 311 320 326 189 627 627 653 655 658 668 671 676 679 Appellant’s Appeal Appendix Table of Contents …………………… Page iv . PLAINTIFF’S COMBINED AFFIDAVIT In Opposition To Defendant Candidates McCain and Obama Motions To Dismiss the Complaint affirmed May 31. and McCain et al. Exhibit 4: Hay-Bunau-Varilla Treaty of November 18.: 2012-05515 APPENDIX INDEX APX PAGE NO: Entry Date October 20. Exhibit 3: CE Strunk duly fires BHO II January 23. 2011 that denied access to records Exhibit 10 – October 17. Exhibit 6: August 26. 2011 August 22. 2011. Exhibit 2: U. 1903.

S. Sub-exhibit A – Summons and Complaint 6500-2011 Sub-exhibit B – Summons and Complaint 29642-08 Sub-exhibit C – Complaint EDNY Case 08-cv-4289 Sub-exhibit D-1 – Order re Amend . Phillips affirmed May 4. Consolidation And New Return Date AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION affirmed May 17. Exhibit 2: Notice of Motion for Admission Pro Hac Vice of Attorney Todd E. Joseph R. 2011 Exhibit 1: RJI signed May 2. 2011. McCain's Notice of Motion to Dismiss the Complaint affirmed May 2. 2011 March 11.: 2012-05515 APPENDIX INDEX APX PAGE NO: Entry Date May 23. Exhibit 3: Defendants MCCAIN VICTORY 2008. MCCAINPALIN VICTORY 2008 and John S. 2011 w/o NOM. 2011 .Renew denied 29642-08 Sub-exhibit D-2 – Order NOM Nunc pro tunc denied 29642-08 Sub-exhibit E – Sua Sponte Memorandum and Order of dismissal of Complaint EDNY Case 08-cv-4289 Exhibit 5: STIPULATION of EXTENSION of Time granted by Plaintiff to the State and the City of New York filed with the Clerk of the Court May 12. Exhibit 4: with Defendants Barack Hussein Obama II. Exhibit 7: Docket for 29642-08 by the Clerk of the Court. Biden Jr. 2009 Congressional Research Service legal memorandum on POTUS Qualification and eligibility Plaintiff’s Cross Motion opposing the Pro Hac Vice Motion and for Transfer and Consolidation NOTICE OF MOTION For Transfer. 2011. OBAMA VICTORY FUND 's Notice of Motion to Dismiss the Complaint 5-2-2011. 2011 January 11.C. OBAMA FOR AMERICA. 685 698 700 393 393 395 407 410 421 437 457 507 533 545 546 548 557 560 567 v Appellant’s Appeal Appendix Table of Contents …………………… Page ..APPELLANT'S APPENDIX APPEAL CASE INDEX NO. Exhibit 9: a copy of the Long Form Birth Certificate CoLB released on April 27. 2011 Exhibit 8: copy of a portion of the INS records of Barack Hussein Obama Senior. Exhibit 10: April 3.. Exhibit 6: Chamber's Rules of Arthur M . Schack J. 2011.

: 2012-05515 APPENDIX INDEX APX PAGE NO: 569 574 615 421 410 437 406 841 457 507 548 Entry Date April 28. 1985 State of New York Legislative Resolution commending Christopher Strunk Appellant’s Appeal Appendix Table of Contents …………………… Page vi . Index No. 2011 May 2. 2008 533 844 35 October 15. Motion to Dismiss RJI filed by Local counsel for Defendants John Sidney McCain III et al. 2008 October 30.blogspot. Kings Cty. 2011 May 2. Ross dismissing EDNY Case 08-cv-4289 Complaint sua sponte denying issuance of summons and or service Complaint without Summons received by Clerk of EDNY with sua sponte Case No. 2011 May 4. 2011 October 27.com/search?q=heimishe+mentch TESTIMONY at THE ASSEMBLY STANDING COMMITTEE ON EDUCATION PUBLIC HEARING REGARDING the implementation of the Court of Appeals decision in the Campaign for Fiscal Equity Lawsuit. Schmidt. Supreme Court Justice David I. 2011 March 22. 2011 May 31. Memorandum of Law Defendants John Sidney McCain III et al. 2007 May 25.Senate Standing Committee on Veterans.: 6500-2011 Summons & Complaint filed Kings Cty Index No. honored in Brooklyn http://chaptzem.: 29642-08 Memorandum and Order of USDJ Allyne R. Motion to Dismiss Defendants John Sidney McCain III et al. Homeland Security and Military Affairs Article: Heimishe Mentch on the Bench. Marshals TESTIMONY at the Joint .: 6500-2011 Summons and Complaint filed with NYS Sup Ct. October 20. 2011 May 4. Amended Summons Kings Cty Index No.: 08-cv-4289 requesting IFP relief of fees and service by U.APPELLANT'S APPENDIX APPEAL CASE INDEX NO.S. DC Counsel Motion Pro Hac Vice Defendants SOEBARKAH et al. 2007 December 9. Exhibit 9: Petition for Writ of Prohibition with request for quo warranto request. 2003 847 857 May 21. 2008 Exhibit 8: Proposed STIPULATION of EXTENSION of return date for New York and NYC.

and requests a Fee waiver and or payment schedule (see the Motion for Poor Person relief attached herewith).# 2 @ 2 fl fl Brooklyn.: 20 11-6500 according to the subpoena issue 2. Email: c h r i @ ! . New York 11238 within the State of New York subdivision of the city of New York with telephone 845-901-6767 and Email: chri@strunk. on 2. (iii) APX . 20 13 (first extension order APX .4 ( a ) ( 3 ) for THE SECOND enlargement of time from February 22.13-13 also attempted to obtain a Subpoena for the original record of the active case 08-29642 in Sup Ct Kings (see APX .2 0 1 1 w/ D e c i s i o n a n d Order Subject: REQUEST FOR SECOND ENLARGEMENT OF TIME TO PERFECT APPEAL with 22 NYCRR PART 670 PROCEDURE IN THE APPELLATE DMSION 9 670. NY 11201 l .Christopher-Earl: S t f i n k i sse Appellant self-represented w & a t t ~ r i p e y ~ 593 Vanderbilt Avenue . G @ 2 ) ss.scn'bd.6). New York 11238 Z C 0 (845)901-6767.ws. Appellant requires a second time extension because Appellant does not have sufficient funds to pay for the filing fee meets the requirements for relief.: 6 5 0 0 . Appeal C a s e 12Re: Strunk v NEW PORK STATE BOARD OF ELECTIONS et a 0 5 5 1 5 from NYS Sup. 2013 to file Appellant's Brief and Appendix (see draft h t t ~ : /www.. Ct.3 ) to March 8. Kings Cty Index No. Affirmant / Appellant is self-represented without an attorney located at 593 Vanderbilt Avenue -281 Brooklyn.13-13 (see APX . I.4 (a)(3) Dear Clerk of the Court. A m L a COUNTY OF KINGS 1 Accordingly.com/doc/ / 94586470/) That Affirmant's for request is for good cause in that Appellant: (i) (ii) has until 2-28-13 to deliver the original record of the trial court with case index no. 1 . and furthermore. Christopher-Earl: Strunk in esse being duly sworn. depose and say under penaltyof perjury: The Honorable APRILANNE AGOSTINO derk of the SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND DEPARTMENT 45 Monroe Place Brooklyn.390 to 3 9 1 )however was denied by the appellate clerk despite the record being germane herein. and hereby affirms this affidavit in support of the required letter Notice with 22 NYCRR PART 670 PROCEDURE IN THE APPELLATE DIVISION§ 670.

The grounds of my beliefs as to all matters not stated upon information and belief are as follows: 3 r d parties. of HARRIS BEACH.. . . ' . Esq. Esq. New York 10006-3791 APX - 2 ... 2 .. Washington. . KIRBY ESQ.-. Assistant Corporation Counsel for MICHAEL CARDOZO Esq. Suite 1700 New York. i.Assistant Attorney General for ERIC T.2 4 t h Floor New York.' .ofFFebruarv 9013 .. BROMBERG ESQ. JAN WITHOLD BARAN ESQ.. . E s q . of CAPLIN 86 DRYSDALE./q // .KRINSKY &' LIEBERMAN. .. New York 10271-0332 CHLARENS ORSLAND.. of WILLKIE FARR & GALLAGHER LLP 787 Seventh Avenue New York. books and records.y7 i . STANDARD. except a s to the mahers therein stated to be alleged on information and belief. 4.W. ./. GARRY. CHARTERED One Thomas Circle.. J r > / . '~~... : A s to the foregoing t h e same is true to my own knowledge. . DC 20005 By THOMAS J. THOMAS W. . .C. of WILEY REIN LLP 1776K Street. -. . . New York 10017-3954 Todd E. .. .'. ' ( ' i s .. PC 45 Broadway. . Corporation Counsel of City of New York New York City Law Department 100 Church Street New York. New York 10007 Erika Burk.. . 1 . and a s to those matters I'klieve it to be true. BOUDTN. . . .</ . and personal knowledge.-. New York 11553 JAMES C. ' . and Daniel S.'~--. . / . 10019-6099 MARSHAL BELL. N. N W Washington D. 7 x&-~:'~~bk' . N. of SIMPSON THACHER (B BARTLETT LLP 425 Lexington Avenue New York. DUGAN Esq. . . Suite 1100.<-JOEL GRABER. . and Affirmant will testify to these facts and matters in open court and or 'by special appearance. 7 t h Floor New York.. ' . : . . Esq. . F I Sworn to beforepy This 3dda..of McGUIRE WOODS LLP 1345 Avenue of Americas. Suite 901 Uniondale.y. Esq.'. Latell Esq. . RABINOWITZ. Phillips.. .. Christopher-Earl: Strunk . New York 1 0105 TODD A. 20006 Christopher J. SCHNEIDERMAN Attorney General of NYS Special Litigation Counsel Litigation Bureau 120 BROADWAY . .'. Esq../--- . C. : \- 'w.Y. Reich Esq. - A - I. PLLC The OMNI 333 Earle Ovington Blvd.

: ( 9 5 ~ i THEPEOPLE OF THE STATE OF NEW YORK Court. . is Cdurt. K~NQ T County. bearing Index No. ru c z r-- J- now in your custody.mc~ i n d TO the Clerk of the s .. - Aprilanne Agostino Officeand Post Office Address: .Bupreme Qourt of file &ate of %w ?lJork Appellate Biuisian: 5ecmr3 3ubirini Bepartmenf / V m)5. !. YOU ARE HEREBY COMMANDED. b S Cb w 5 p and/or -0 <tT i. Failure to c a p l y with this subpoena is punishable as a contempt of court and shall make you liable to-the person on whose behalf this subpoena is issued for a penalty not to exceed fifty dollars and all damages sustained by reason of your failure to comply.U . dated S 6 r made in the above-enhkled m ag. GREETING: K> NO.lc m ~ ~ ~ $ f F1ece. at Brooklyn. the w Attomey(s) for. that all business and. s V County.sb?(nhe Court. Second Judicial Department..3 . at the courthouse thereof. you appear before the Appellate Division of the Supreme Court of the State of New York. New York. In lieu of a personal appearance.20=. 3 8) 2x rGb 5 3 ~ : . on LmA&* . Brooklyn.- Clerk t?!z~H b y ~ 5-73 L / H & ~ ~ ~ R C . or 0 /The papers constituting the record on appeal in accord with CPLR 5526 from $ order (judgment) (f 0 : . b w M L Appellate Division Docket No. the requirements of this subpoena may be met by delivery of the material by mail or overnight delivery service.. excuses being laid aside. provided that it is received on or before the return date set forth herein. B & 9 ~t c 2 & w APX . j i I ~ . and that you bring with you or before the @ . Ipca ed at 45 Monroe Place. . day of and produce at that time and place: - 0 The entire case file in the above-entitled matter. New York. 7 bearing Index No. 11201.

2/1312013. Sunshine.2013 1 have compared the document attached hereto. Nancy T./ . SS: I . Sunshine Kings County Clerk APX - 4 . Certified Minutes with the originals filed in my office and the same is a correct transcript therefrom and of the whole of such original in witness whereto I have affixed my signature and seal.Certification STATE OF NEW YORK. County Clerk and Clerk of Supreme Court Kings County.Nancy T. INDEX 6500112011. COUNTY OF KINGS. do hereby certify that on February 13.

notice entry. copy ord. 4/13/2012 @ Decision and order .. 4/27/2012 B. 2 5/23/2011 4 2 Cross Motions Coverpage fee pd .. & compl. fee paid ? 2 Endorsed Order dated 10/21/11 (On OSC Declined to Sig~ ?0/28/2011 i 10/21/2011 :S Order to Show Cause Coverpage fee pdlp 811712011 1 MOTION COVERPAGE fee pdld 7/28/2011 % ! Notice of appearance 7/22/2011 IS MOTION COVERPAGE FEE PD. 7/6/2011 B Affidavit of sew. 7 3/22/2011 a Summ.svc. Copy ord. notice entry-affm. fee paid d 4125l2011 % Afiidavit of sew. -7 6/14/2011 P MOTION COVERPAGE fee pd/mail/d 6/13/2011 I MOTION COVERPAGE fee pdld 61212011 @ Stipulation to Extend time to Respond 5/24/2011 !Q MOTION COVERPAGE fee pd. APX - 5 . afft. afft. 5/2/2011 R Req.svc. PLNTF. defl. 6 7/12/2011 Motion Coverpage No Fee . 4/27/2012 E Copy ord. 5/23/2011 1 Affidavit of sew.plntf.. Total: 38 - file://C:Documents and Settings\mbencebi\Local Settings\Temp\C!erk\EUUSB. 6 411312011 P Affidavit of sew. 7/20/2011 1Affidavit of sew. 6/24/2011 Ei Affidavit of sew. NEW YORK STATE BOARD OF ELECTIONS ETAL Atty: Atty: PRO SE Filed Actions 6/19/2012 R Order dtd 6/18/12 5/23/2012 E Notice appeallradi. DEFT. 511U2011 B Stipulation 5/12/2011 k2 Affidavit of serv. afft svc. Opened: 312212011 Type: Other STRUNK. DEFT. 51512011 U MOTION COVERPAGE fee pdld 5/2/2011 D MOTION COVERPAGE fee pd. letter. -7 4/6/20?1 P Affidavit of sew. deft. deft.xmI - 2/ 13/2013 .Kings County Clerk's Office Page 1 of 1 6540 1 2011 . svc. judical intewen. afft svc. . 5/2/2012 h 2 Affidavit of sew. city 711212011 i Z $ MOTION COVERPAGE fee pd.. fee paid 511512012 P Copy ord. copy ord. 5/2/2011 P MOTION COVERPAGEfee pd. 3 MOTION COVERPAGE fee pdlp 21912012 E 11/22/2011 D Notice appeallradi. CHRISTOPHER-EARL vs. DTD.cplr 8019d. deft. 5/18/2011 B MOTION COVERPAGE FEE PD D 5/17/2011 R MOTION COVERPAGE FEE PD. 4111112 4/12/2012 @ MOTION COVERPAGE FEE PD. notice entry.

Second Department.Bureau pursuant to Judiciary Law 5 Published by New York State Law Reporting 431.2012 Appellate Division. II / This motion is uncorrected and is not subject to publication in the Offrcial Reports. and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date. appellant. Motion Decision . Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto.2013. I Supreme Court of the State of New York Appellate Division: Second Judicial Department Christopher-Earl Strunk. respondents. v New York State Board of Elections. Kings County.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court. et a). it is ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 22. 6500111) ORDER ON APPLICATION - Application by the appellant pursuant to 22 NYCRR 670.2012. ENTER: Aprilanne Agostino Clerk of the Court A lofl _- APX - 6 . dated April 11.Stnmk v New York State Board of Elections A Strunk v New York State Board of Elections Motion No: 2012-05515 Slip Opinion No: 2012 NY Slip Op 8 9 1 2 9 0 Decided on October 26.. (Index No.

c. depose and say under penalty of perjury: The Honorable APRILANNE AGOSTINO Clerk of the SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DMSION>ECOND DEPARTMENT 45 Monroe Race Brooklyn. . appeal to be perfected by November 23.2013.2012 (see Exhibit B ) .ws. This appeal deals with the facts associated with of the enormity of Justice Arthur M.@f h e Court. .2012. and hereby affirms this affidavit in support o f the required letter Notice with 22 NYCRR PART 670 PROCEDURE M THE APPEUATE DMSiON§'670.2012in the election of the candidate slate of the New York electoral college scheduled to cast their advisory vote for the New York Candidate for the Office of President and Vice Resident of the United States (POTUS) by December 15. 0 l&pm Yt v - Subject: .4 ( a ) ( 3 ) for enlargement of time from November 23. : 6500-2011 with Decision and Order taken on AqifjSl .2012 mistaken as interference with the scheduled December 15. I.Christopher-Earl: Strunk in esse Appellant self-represented w/o an attorney 593 Vsderbitt Avenue #281 - B r o o k l y n .2012to February 22.2012 election and scheduled oath of office 3 & u q 20. Email: c h r i ~ t r u n b ." Countp Index S o . -m c FOR EaWRaEMEX'JT OF TIME TO F%RFECT TRE APFML wfbfa2 k PART 670 PROCEDUREm THE APPELLATEDMSIO~P$670.4 (a)(3) t % 20 . .2013 to perfect the appeal taken from the Decision and Order without a finaljuclgment (see -it A) with Notice of Appeal filed May 23. lMI S U B . New York 11238 within the State of New York f New York with telephone 845-901-6767' and Email: subdivision of the city o chris@stntnk. Appellant does not wish to have the Court wnflate the subject matter of this.'-. New York.NY 11201 %% 82 SF t3P I n - r 3 3 -m 5 8- 0 -urn Re: 86unk s NEW SDRKSTATE BCMRD OF ELECTIONS .D>w ~)&k. Schack's invidious infringement of Plaintiffs First amendment through Eight amendment rights that by a premature appeal would involve by implication the APX - - 7 . w s Accordingly. Christopher-Earl: Sttunk i n esse being duty sworn.. 1 1238 (845)901-6767. . That Affirmant has good cause for the requested enlargement of time to perfect the appeal in that inter alia Appellant has b e n alleged by the lower court to have filed a frivolous case in regards to the ongoing fraud associated with the state of New York general election scheduled for November 6. t L . "Affinnant / Appellant is self-represented wisout & attohiq-16&t~f1!'% i 593 Vanderbilt Avenue -281BrooMyn.

New York 10W3791 ERIC T. of WILLKIE FARR 8s GALLAGHER LLP 787 Seventh Avenue Now York. AFFIDAVIT OF SERVICE NEW YORK STATE BOARD OF ELECTIONS et al.x Index N o . 20206 - M ESQ. BROMBERG ESQ. and Daniel S. Egq.PC -ChrktopherI .. New York 10g1-0332 - MICHAEL CARDOZO Corporation Counsel of City of New York By: CHLARENS ORSLAND. SCHNMDERMAN Attorney Generd of NYS by: JOEL GRABER. Esq. 45 Broadway. and RABINOWI'IZ. CHARTERED 375 Park Avenue 35th Floor New York. New York 10105 W Y REIN U P TODD A. E s q . New York 11553 The OMNI 333 Earle Ovlngton Blvd. My place of bu iness i s located at V P c7 f3n0 c. I. Plaintiff.C. N. TOBIN.I caused each copy with proper postagc for service byae%b@ ma11of listed counsels and going to the post office where each envelope was deposited with the USPS for d c e upon: $ . 901 Utuondde. 5 % in~ct%Zz I["?--38 Erica Burke. 10019-6099 MARSHAL BELL.4 (a)(3)affirmed (October 18.Chri:topher serr4%e c o n f o n n ~ % ~ " . BOUDM. New York 10017-3954 RITA C. depose and say under penalty of perjury: a .. : 6500-2011 Christopher-Ead: Sttunk in esse. On October 2012. Esq. KRJJ?SKY& LIEBERMAN. Latell Esq.Y. by USPS d c e upon Appellees' Counsels. AAG Assistant Attom General Special Litigation Counsel Litigation Bureau 120 BROADWAY 2 4 t h moor New York. Am over 1 8 years of age and not a parw to this action.2012 with exhibits annexed for the appeal case Sbunk v NYS BOE et nL NYS County of Kings Supreme Court with mdex 6500-201 1. GARRY.Assistant Corporation Counsel New York City Law Department 100 Church Street New Ymk. DUGAN Esq. New York 10007 Sworn to before me This ig day of October 2012 APX - 9 . b. of CAPLIN 86 DRYSDALE. 7th moor New York. P - STATE OF NEW YORK ) ) Accordingly. On October &. JAMES C. KIRBY ESQ..tbd ~ S l w y b e & duly g sworn. Esq. 1776K Street.of SIMPSON THACHER 8s B A R ' LLP 425 Lexington Avenue New York. COUNTY OF KINGS Defendants. NW Washgton D. ! A N WITHOLD B THOMAS W.Suite 1700 New York. 2012.New York 10152-3500 HARRIS BEACH. STANDARD.3' THE APPEAL wfth 22 WCRR PART 670 PROCEDURE IN THE APPELLATE DMSIOR 670. Esq. t h e Lmer REQUEST EY)R EKEARGEXEST OF TIBdE TO PERFX. Reich Esq.of McGUIRWOODS LLP 1345 Avenue of Americas. S~RV d. PLLC By THOMAS J. WL(.

STANDJUW. DUOAN Esq. Latell Esq. Esq. N. and ~ or sworn to before me This /B day of October 20 12 . and as to those matters I believe it to be true. NW Washington D. The grounds of my beliefs as to all matters not stated upon information and belief are as follows: 3rd parties. of SIMPSON THACHER 8b BARlU3T U P 425 b r d n p Avenue New York New York 10017-3954 E O o t a r y Publk. ESQ. ~ S Erika B u r k Esq. except as to the matters therein stated to be alleged on information and belief.Floor New York. sedition and tresson. Schack has still more than six months after h a t could submission of Defendants' counsels costs not issued a final Judgment t exceed say $500.. and M i a n t will testify to these facts and matters in open c o u . NW-YO& 11553 JAMES C. Suite 1 100. Rcich Esq. of WILEY REEN LLP f 776K Street. and personal knowledge. THOMAS W. PLLC m e OMM 333 Earle OPinRton Blvd.Y. K I M ESQ. and as such. SCHNEIDERMAN Attomey General of NYS SpcciaJ Litigation Counsel Litigation gureau 120 BROADWAY 24th Floor New York. and is further evidence to support a mandate with use of NYS Civil Service Law §I05 as to Justice Arthur M. No.000.2013 as an appropriate date. 20006 Christopher J . 01HA6044027 Qualified In Kings Cou cammi~~ion E X ~ W ~une%. and Daniel S. New Ymk 10006-3791 Todd E . . Coqmation Counsel of City of New York New York City Law Deparbnent lo0 Church Street New York. KRINSKY 8s LIEBERMAN. of McGUIRE WOODS LLP 1345 Avenue of Amcrk~s. DC 20005 By THOMAS J. of WILLKIE FARR & GALLAGHER LLP 787 Seventh Avenue New Yo*. books and records. Eaq.2012 election is res ipsa loquitur.. 7th . and as such impropriety must be avoided by an enlargement of time until say February 22.Suite 1700 New York. BROMBERG ESQ. PC 45 Broadway.CHARTERED One Thomas C i . RABINOWPIZ. Assistant Corporation Counsel for MICHAEL CARDOZO Esq.M p s .00. -- . New York 10105 CHtARENS ORSLAND.W. State o f New Ybrk cc: a01J -TODD A. Suite 901 Uniondale.C. Esq. GAIZRY. Assistant Attorney General for ERlC T ._ . of CAPWN & DRYSDALE.Esq. Washington. N. 10019-6099 - JOEL GRABER. New York 10271-0332 - MARSHAL BELL.appearance of Judicid real politic. JAN WITHOLD BARAN ESQ.BOUDIN. ipso facto the Judgment withheld u n t i l aft* the December 15.. Schack and those who have aided and abetted his misprision of a felony. New Yo* 10007 - APX - 8 . . As to the foregoing the same is true t o m y o m knowledge.of HARRIS BEACH. That Appellant's contention for need of enlargement of time is further supported by the fact that Justice Arthur M.

Form A .Civil See 5 670.ghts Licenses P~blrc Fmplnymem J 2 A!Iarr\e{'s Fees 3 3 Ch~ldraq.Suppan 3 4 Chfldren .or .s 0 6 Children Alsusamealect Chaldren.C u s t ~ / V l a t t a t # o n Social Ssworhw 05 L1 2 3 3 44 e35 B~$~rtass Rdqym~s Not-far-Protlt Children Termtnttte Parental R1gbf. 3 ) . 13 Declaratafy Judgmon: 3 4 Ekmion Law i i 1 -1 3 ProbstnIAdm~nastrat~on Notim of Claiv U Z Emtnent Doma~n Procodwe Lsw f 2 0 7 i 0 3 Grmarsi Mvnicipel Law f 712 O4 (2 5 Labor Uw 4 2 2 0 Public Service Law 5 i 128 t i I I hA-RAM-ChrE of 170 0 6 Otkr - I - APX - 10 .3of the ndas of this ccrurt for diracdans on the use of this form (22 NYCRR 6 7 0 . tl r o ton in^ Other / 3 12 - Merltal Status CL 8 Ma~nrsctlect 8 9 tdeqtigems CJ 10 Numance 5 11 P r o ~ t Ljability a 0 t 2 Strim Uabili~y Trrmpats andtar Warn r) 14 Other 3 13 Paramity ~114 SP~USSIS V D P O ~ ~ D 13 C13 U4 Q6 36 37 R8 09 Conntrwt~on Emptoyment Insomms Real Propany Sales Secured Other lr.$%lconb guhici&l ~ ~ @ r f m e n f 0 Specis! Prmetding Other 3 CPkn 5704 b v r s w I 37 33 04 05 a6 Puman R. JDIRKS Eq~~ttebls Distrjbut~on 0 9 Exclu~wa Occupancy of - 04 Environmsnml Abuse a! Prbcaas mrid6czcn O 10 Expert's Fees 3 1 1 Malntenance/Alimmy 0 5 Uvns 0 6 Mortgrpsr e3 7 Partitian 108 ~anf I ' a9 Taxstkn .d Z Dtscovery (. : 21-f.t 2 Debto: & Cred~tor C3srlar f 9 120. ~uprrmr doud of t[?r B h t e nf B e f n Bark &p(trllnf~ pibieinn r .Request for Appellate Division interyention .

O Order D Resented Order I t 'IjiC D ~ c ~ s i o n * - Q Intsrtacutdry Judgment Judgma'rt J Denss -.-.nporfcc:hd ~ c o o a l sr J ~ r ~ d ~If1 ta :-Is cast. promding. 5704 reviatw.s7 Nurnborrs~of any prior. 9 w t 8 n * d ~ ~ ~ -3.Jl.rj Ressttlad Judgment . ~ =IZb a 1k ~ 7 4 ~ 5 0 & 4 ~ cr j LJ'~I--P~~CP bC' ~ -1 . .IX 0 RnS??tl+d Decrre " a : R"F L II ..>-11of tidtc::~r Corpuz . ?p'>rl*v t h n r ~ l t p + rnq l n s r ~ d darnrr~ssrc~Cf . f I ' t .. d~ 7'3~1 ' n t ~ r K i10 ~ f i r ~ ~The r ' t appral or apot:dl Ye!: J Yn.. C ~ I O WC J a ~ i v e 3 Nnr rca o f Po..lrhlo if Yes: '3 Jury Nan-JU~V onv t.I -- I --I I - .--.n thts C O U ~or transferred pursuant t o and \wtthether thw rnurlan was granted o7'denied If an or-grnal 11racf. "-e _ _ I____I ^.*n appcai. briefly desurba t-8 objmct af the pracssdirg.I D AmsMJed Dectcse 3 D~termtnatior.. a p r c r ~ h -r h . -4 * " - <c. s ~ a i f y tho ansum awwdsd.wdlrrg CFLR 7804(g).Entered: lndax N o .q 4 9~ W(T& S " A B ~C M US>~~~ W u m : #ssms: If m a p p d k from m p5grnmt. or ar~pfieat an far CPL.tlo? Ll - I.- .r/fi~+ P t y % ~ ! 9 ~ S fl$o*)LLJS ' -p msmGSl D w W ahfie ~ m u n c rn ~hal~qzg ca w god.- .' v ~ 5 f l NO covwed by the annexcd notice of aopeel wi?h the pllor apprn. $TOO. 3.- - - . - . fb&$f&&LZ/ 0 o@@@ S p ~ i f the y M w s pmposbd to bn teiod on the apacal.---" - - ' L)a:e t -- I'P>S.. -- Dstad: 1 Dpscrrotmn..~ APX - 11 --- . briefly describe the nature o f f the ax pone rider to be reviewed. -- .t\ . I f ? ? I ~ M~ ~ ~ f S " P b ? / ~cotqp~~%'nrf h p ~ ~ ~ C O4 7 H q 2 t ~-+.. unverfectsd appsak: Q( F. Cou*:. ff 8n application under Cel-A 5704." A [~udgs !name i? fufl): Order of Transfar Dnts: G r t j Judge (name in full): ' - - c9. Set forth t?r Appeilate Drvia~onCaus II 5 6 1 i - I -.201 O Past-Finat !trial: O Yes J.---"-Satufe authorixins cornmencmnt of ptotaadrng in tha A~pallato Dtvisroq: " Order :r. Zor'Z' _ * Judgs Insme in CM!): Stage: O fntttrtoeutory s ~ i n s l - r4 ~c-H- ---- "" -.. : L - . brrrfii. - If ve9.~rr~ry & A - ---.p a o m noo-dlcd tvorn I! 1 7 ~ a ' p p r d l 1s fro!r~a ordr:r. pandtng.

Judge Schack crred when he found that Strunk did not auficimtly allege an i n j q i n fact and therefore does not have standing which musts the court not to have jurisdiction over his claims.as if where the issues were decided against him ignored the fact that Justice Schmidt had urged the f h g of the new suit on January 1 1.1dgeS c b k erred when fie also denied Strunk's cross motion to consolidate the inatant action with mother N m York state case. Judge SckEack expressed his bias when in Ms opinion stated that "[ijf the complakkt i n this action was a mavie script." 5 . T h t Judge Schack erred when he found that under the doctrine of collated estoppel. instant action. and to transfer the case to Judge Schmidt because the Patmm case was &ready dismissed when it i s still carried as actit*. APX - 12 . 10.Judge Schack erred when he also ordered that Strunk is precluded from refibgating the same claims against the same defendants i n the New York state court without first obtaining prior written &pprovalfrom an administrativejustice or judge. Patemon. 13. 7. Index No.-. Judge Schack erred when he found that Strunk did nut properly serve O b m a and McCain. Judge Schack erred when he concluded that S W s fraud claim d s o needed t o be dismissed because he did not plead with particularity that he relied upon any of the defendmts' statement and did not plead that he suffered any pecuniary loss as st result o f dtement o f m y of the defendants. 1 1. Judge Schack erred when he $ranted defendants' motions and dismissed $trunk's complete complaint with prejudice.201 1. Judge Schack erred when found thst thc: court: has no jurisdiction because oftbe political question doctrine and txcause. Judge Schack e d and expressed bias when he found that because it i s not possible to easily gain notice from reading h i s complaint what his particular cause of action i s .the complaint must be dismissed for failure ta state a cause o f action. Judge Schack maliciously ddayed his decision on the case until Aprir 11.Jx. Strunk could nut re-litigate or renew those scme or even new issues i n the. 6.Judge S&ack e m d when he concluded that Sfnmk already litigated 'many of the issues" i n the instant action in federal court and in Strunk v. 3 .1. Pate-. 2. 29642/08. 14. 4. 9. Judge Sc'frackerred when he granted a motion to admit pro haa vice one of t33e dekndant's attorney from Washington DC. a t which time he entered his Decision and Order. 8. Issue cm Appeal Page I of 2 -- . it would be entitled The Manchurian Candidate Meets The Da Vinu Codc.2012. wxlc finding no problem with his semi= upon the other main dcfendmts.fmding that he was in good standing. 12. S t m n k v .Judge M a c k erred when he d s a &Ltrmieeac$ Strunk's complaint on the gruund that i t was bath factndy and legally frivolous.

%hack erred when it refurred to hear the admission on the part o f the State that it had not conformed to the express terms of the US Constitution Article 2 Section 1 i n the instructions to prosyxcc~ve candidates far the offrce af President of the United States (POTL'S) 19. Judge Schnck denied accused discovew and ability to call ~vibesses i n his defense.t-t intentiundly m i s ~ p r t s m t d Plaintiffs complaint and superimposed the courts own set of facts not before it. 17. 23. Further.1Xat Judge Schack e m d when presented with actual admissions and evidence .15." 16.Afkging therein This issue i s not ripe until candidates fde nominating petitions for publc offifice for President of U . i n which the C0u.7udge Schack with a n a p p e m c e of hpropritfy e r r & rs?'frcnhe did not recw& himself fmm hearing the sanction trial and instead conducted a start chamber preceding instead on the charges invaded by the Court as prosecutor." but rather "naturalborn Citizen. The issue ofcandidatct qualification i s subject to Court action after nominating petitions are submitted and candidates are chdlmgcd i n Court.haisme i s NOT RPE. and denied a fmt amended complaint that wouId incorporate the State's admission of facilitation of Defendants to injtj=lre PIriintia alang with those similarly situated.JudgeSchack erred when it unilaterally m t c d the State tl. Judge Sdlack expressed bias tmard Waintiff for multiple additional reasons including the caurt characterization that p1.Judge Schack hm s h m actual bias m d malice at the May 7. 22. 2012 hearing and err4 when he ordered that Struck shou7 cause:why he should not be made to pay for the costs incurred by all the defendants in Raving to retain and pay for their attorneys to defend them against his action.laintX i s pursing a deluded fiction." lfi. 25.o+swer the complaint when the State i s &ged the facilitator o f the injury i n fact to plainM while all the other Defendants have responded with mtion~ to Cfisrniss that are pending and integraI to the State respdnse for the Court to p~opealy decide the motions.ge .Judge Schack expressed bias toward plaintifl when refusing to heat the application based upon State's admission sun-tTolling to the issues raising i n the complaint denied a transcript record.Jud. 21 . X). S .sufficient to be irs. i n several rnantha..Judge Schack erred when he never ruled on S W s application that the Board of Elections be made to correct the ballot instmctjon for election for the:Ofice of Prcaident to say not 'born a Citizen.Judge Schack e m d when it has the duty to decide a motion to transfer and consolidate fmt h s c d upon the State's ~ d m i s s i m o f facititation of wrongdoing i n the prior election cycle continuing into the present election cycle and the Court went so fnr even with the admission of f~cElitntion that ?.Judge Schaek erred t o hear t h e application when i n fact the issues raised.r:Iudtdas n su~ppbmmd to the complaint at t h e 1Of2!5/11 hearing that the etrurt declined t o sign this OSC. P APX - 13 . 24. jury and cxecutioner. t h e Co~ztt will [not1 stop fund-rising by m y candidate because candidates have a right t o raise money pursuant t o statute and the First Amendment. third dpen ended extension of time to .by the State admission as concIusive proof are cdntrolling of the m0tiCm~ before the court.

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. t i--. ICRTNSKY a m m .-. : D AsJmsd Q Pro Se 0 Pro Hat Vice ~nnb. . pk.ULI.-* .S.~*.-State: Attorney Type: 0 Ret~imd Patty o r Parties Represenled crrt tach -O Assigned OGovernmam -- &Pro Se APro Hm Vice ? - ntm~~ttd front m w &two a rnknn a: ? I I i 1 1 1 1 1 Anornevff irm Nerne: Address: Ciry: Type: -Attorney " I 2 Rutaimxi " *Party ar Pertiea Raprcsemd t h m - State: -a--. : A.. DOUGL4S A.V i V . Eoq... -----. * * .t -. GREGORY P. E m . - Zip: Telephone No..J..------ ined C1 Assigned 0 Government ORo QG 0 Pro Hmc Vket I 3 ? ? 4 r n X ! 7 -.$.-to~her J .- L $ ESQ.: -- Attorney Type: 0 Retained _ r . PEfEFSON / Cammiagtoner. -nhz@mea N o . ' q ~ . ... .. ~ . Near York IW71-U332 R q m m r t l i n e .rcy*<-~:. fYew ~ m 10006-3791 k Addre Denie1. .A t t o m r y C i e n d Spxriql Litigstion Counsel L~hgatian B m u 120 BROAD WAY .-. P m .. ' r ' $ ." . 0 #Vemmsnt am a: Telephone N o . .-r - - 6. . SCfCWAm. mbaur m r tnm ~ m r .RcpRkn-9 City: ...J.rls! 1-Attom -. --I I I . -- L.. Suite l7W N e w York. a : .2 * . 45 R-d..O. JAMES York. FIAwDAWJ. -Party or Parties Repreunted um tom p _ ~ rmrnbsrlrl v tmm a # .ay. .- - - .i.. EVELYN J.. . P W ~ c u * ~ . Attorney Type: .RENS 0 m \ N I ) .24th Floor N e w YORK STATE BOARD OF ELECI70KS. M-.i __ _.xWITZ. THE S O C W m WORI(ERS -.Y. __ 1 &City afNew YoFk Bp.i-t . . & f . JOSEm A Q ' W E .b. .h k 10007 R t p y m m g . ~ ~ u . . J a S m P . FRmEmCK y. ~ ' j . I-n w. PC . imym~. -.. ------ State: % . +~ ) Pi . Ciw: A.m a C A R O O Z O . A n a m y Type: D Retained )(Assigned ~ -~ o v -e * m m s m 0 Pm Sc 0 Ra Hac Vice Y. . : --- --- -- I 0 Retained 0 Assigned tl GovemmQnt D Pro Se O Pta H p r ~ W i Parry o r Perties Represented t u r f m amv mmckrlsl horn c m w 6bOvb w (tom ~ o n n CI. - - --.s4. .--Anon x81. .-. " - .i I ."- Zip: .CKL4. Addre k3.f a y ~ g ~ .- .&>:<. NCI .-.-.---. " .rr . -tJ- o~epw w~ rru. _ #hsibned _ a - Government w a &ow a tmn fam Q: Q Pro Se 0 Pro Hao Vice Party o r Part& Represented r m (mtr pww mmb. AQUILA / Cammimoncr. D q x ~ t y --- -- Chy: .- --- - APX - 16 .s N e r r Ymk City Inr t 100 Church S m New Y & . ~ . FTLLMEK / &ChRir. Deputy DirtclorTODD D.efc) kanm u ~ba a r m -Stater Attormy Type: " . . Z i p .&JCER CALWIO.S. WALSH 1 Ch-Chliu..

.a.k.THENEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY. RUTH NO EM^ C O L ~ N . and rendering m o o t the motion o f leave f & direct. RELINER I Co-Chair. JOHN k BOEHNER.ZBIGNIEW KAIMIERZ BRZEZINSKI. Deputy Director STANLEY W N . appeal on constitutional issue and motion with 1 APX - 1 7 . Defendants. a. AQUIM 1 Commiaeianer. in esse M NOTICE OF APPEAL Index N o . THOMAS P.a Barry Soetoro.. EVELYN J.k. ERIC SCI-INEIDERMAN. A WAZSH I &-Chair. : 6600-2011 NEW YORK STATE BOARD OF . MCCAIN-PALIN WCTORY 2008.SUPREME COURT OF TRE STATE OF NEW PORK COUNTY OF KINGS Chrietapher-Earl: Strunk. SCHWARZ. Deputy Director TODD D. DINAPOLI. denying maintiff's Molion t o amtyfidate. J (a. PARKES. NANCY PELOSI. THE NEW YORK STATE REPUBLTCAN STATE C O . Second Judicial Department. and XYZ Entities.MCCALN VICTORY 2008. S.J m . Steve. PETERSEN. B .m JOHN SIDNEY MCCAIN 111. R . a k a .. GEORGE SOROS.J.J. S.Dunham). PETERSON 1 Commiesioner. Fr. Barack Hussein Obama. THE SOCIALIST WORKERS PARTY.JOSEPH P. ANDREW CUOMO. thereby w t h g Dehdants motions t o dismiss.SOEBAR. STATE COMMITTEE OF TRE WORKING FAMILIES PARTY OF NEW YORR STATE. GRJ3GORY P. DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK. P m R G.. John and Jane Does.JOSEPH A O'HARE. IAN J. OBAMA FOR AMERICA. PRI'IZKER. STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE. PENNY S.KAH NARK BRZEZINSKI. JOSEPH R BIDEN.11. PLEASE TAEJB 146TICE that Christopher-Earl: Sbnk. in their O5cial and individual capacity.EL(E(STIoNS. FREDERICK AO. DOUGLAS A. R ~ G E R CALERO. Fr. VAIJ3NllNl3. m ease hereby appeale to the Appellate Division of the Supnme Court of the State o f New York. JR. from the April 11.2012 decision and order t o show cause (see attached w i t h copies of entrg) axid pending judgment for sanctions dismissing the complaint.OBAMA WCTORY FUND.

SCHWARZ. Esq.201 1. Respectfully submitted Dated: Brooldyn. N. Esq. MARK BRZEZINSKI. Esq. PETERSON Todd E.Christopher J. of McGUIRE WOODS LLP 1345 Avenue of Americas. - JAMES C. JOSEPH A. THOMAS P. Reich Esq. Deputy Director STANLEY ZALEN. New York 10105 Representing ZBIGNIEW KAIMIERZ BRZEZINSKI. N. Barry Soetoro. a. - MICHAEL CARDOZO Corporation Counsel of City of New York By: CHLARENS ORSLAND.ka. R~GER CALERO. . PC . and appeal h m qvery part and issues affected thereby in the related case 2008-29642 and application for OSC dated October 25. BRZEZINSKI. CHARTERED One Thomas Circle. O'HARE. New York 1 1 2 3 8 (845) 90 1-6767. New York 11553 Representing: JOSEPH R BIDEN. PARKES. 7th Floor New York. BOEHNER RABINOWITZ.. GARRY. VALENTINE. ERIC SCHNEIDERMAN.. SOEBARKAH (a. 0 WCTORYFUI?D. their O f f i c i a l and individual capacity. WILM REIN LLP . THE SOCIALISTWORKERS PARTY ERIC T. OaAMA MIR AMEhYCA. New York 10017-395 Represenbng: PETER G. Phillips. New York 10006-3791Representing: .a. . NANCY PELOSI.2012. and Daniel S.Y. Suite 1100. EVELYN J.W. New York 10271-0332 Representing : NEW YORK STATE BOARD OF ELECTIONS. Email: chri@strurik. a . NW WashinD. of CAPLIN 8s DRYSDALE. Esq.k. AQUILA / Commissioner.TODD A. PETERSON / Commissioner. M C W N VICTORY 2008.J. 'I'hc OMNI 333 Earle Ovington Blvd. JOSEPH P. JR.and THOMAS W. AAG Assistant Attorney General Special Litigation Counsel Litigation Bureau 120 BROADWAY 24th Floor New York. 1776K Street. New York 10007 Representing: Fr. ANDREW CUOMO. S. Washington.-DINAPOLI.C.J.evidence for leave to f i l e a first supplement to the complaint. IAN J. SCHNEIDERMAN Attorney General of Nk3 by: JOELGRABER. 100196099 Representing GEORGE SOROS MARSHAL BELL. GREGORY P. 2 0 1 2 Christopher-Earl:Strunk in esse Plaintinr self-represented without an attorney 593 Vanderbilt Avenue #28 1 Brooklyn. PLLC By THOMAS J. BROMBERG ESQ. and duly entered by the Clerk of t h e Court starting after April 23.. k a Steve Dunham). New York May 2 3 . Barack Hussein Obama II. of WILLIUE FARR 8s GAtLAGHER LLP 787 Seventh Avenue New York. 45 Broadway. JR. KELLNER / Co-Chair. DUGAN Esq. Deputy Director TODD D. 20006 Representing: JOHN A. RUTH NOEMf C O L ~ Nin .O. PENNY S. Assistant Corporation Counsel Neiv York City Law -cnt 100 Church S t r e e t New York. DC 20005 Representing JOHN SIDNEY MCCAIN 1 1 1 . JAMES A.. DOUGLAS A. KIRBY ESQ. S. Esq.ws - Cc: Erica Burke. . STANDARD. of SIMPSON THACHER & BARTLETT LLP 425 Lexington Avenue New York.WHOLD BARAN ESQ. BOUDIN. MCCAZNPALIN VICTORY 2008 HARRIS BEACH. Suite 1700 New York.JAN. KRINSKY b LIEBERMAN. Suite 901 Uniondale. FREDERICK A. LateIl Esq. PRITZKER. WALSH / Co-Chair.

6500-201 I BRZEZWSKI. Deputy D i m o r TODD D.--- --a- x Plaintiff.SJ..k.dJ. : JR. on the 1 3 ' day ~ o f .. NEW YURK STATE BOARD OF ELECTTONS.O. IAN J. . DOUGLAS A. SCHWm.Y-PALIN VKTORY 20018. BOEHNER. a. : BRXEZTNSKI. ERIC SCHNEIDEMAN. FREDERICK A. S.R C ~ ~ E R CALERO.*_".r". GREGORY P.. O'KARE. Deputy Director STANLEY ZALEN. NANCY PELOSf. New York State Supreme Court.J. a k a . J m S A : WALSH / Co-Chair. ORAMA FUR : AMERICA. PETER G . Y.MS P. JOHN SIDNEY MCCAM 1 1 1 . SOFBARXAW (aka. STATE COMMITTEE OF : THE CONSERVATIVE PARTY OF NEW YO= STATE.NSKI.SUPREME COURT OF THE STATE OF NEW YO= COUNTY OF KINGS -1----- . PETEWON / Commissioner.19 . THE SOCIALIST WORKERS PARTY.BTRY OF DEMOCMTIC STATE COMMITTEE OF TEE STATE OF : IPECISIOR: & ORUER NEW YORK..MCCAlN VICTORY : 2008. --- APX. A3DREW CUOMO. GEORGE SOROS.MCC.. BIDEN. Barry Soetoro. "n-iO. : JR. Stmen Dunham).ZRIGNIEW KnlMIEw : M e x No..Order that was duly made and entered by the Clerk of the Court..: DINMOLT. KELLNER f Co-Chair. THENEW YORK STATE COMMITTEE OF : THE I?dDEPENT)ENCE PARTY. : NO97CE QF.. their Official m d : individual capacity. STATE COMh4ITTEE OF "IRE WORKmG : FAMILIES PARTY OF NEW YORK STATE. AQUILA / Commissioner.-.'"-"- X PLEASE TAKE NOTICE.E. MARK BuE7. Defendants. : and XYZ Entities.1---------------**---- --. John md Jane Does. RUTH NO EM^ C O L ~ Nin . Kings County. that the within is a b-ue copy o f the Decision & . PARKES.a B m c k Hussein Qbama 1 1 . VALENTmE.---*---C1------r--------------------""--. JOSEPH A. Fr. PETERSEN. -----*--r----.--. JOSEPH R. . 2012. ORAMA VICTORY FUAfD. PRITZKER. JOHN A. : YwY S.--*----- w--- .4pril. : EVELYN J.& JOSEPH P.

ysfor Defendmt George Sorns TO: Christopher-Ekl S tmnk Plnintfj pro se 593 V a n d d i h Avenue ff281 B m k l yn. Esq.sq. Keith M. 35th Flwr - . E. Jacob Hifdncr. 787-sedcnth Avenue New York. - . PPLC The Omni 333 Earle Ovington Blvd. HARRIS BEACT I. Xew Yak 16 105 (21 2 ) 548-7004 James P. Esq.2012 WlLLKE FARR & GALLAGHER LLP L & ugm.Esq. - -- APX . NW t!rashington. C o r m . Suite 901 Uniondate.. New York I 1233 (8451 901-6767 Thomas I. Esq. New York 1 1553 (516) 886-8484 Marshal1 Beil..Dated: New Yark. 375 Park Avenue.Tobin. Esq. Wehner.20 . Esq. CHARTERED One Thornas Circle. CAPLM & DRYSDALE. DC 20005 (202) 862-5000 Rita C. New York 10019-6099 (2 f 2) 728-&OW Aftorne. G q x . Srh Floor New York. McGLrIRE WOODS LLP 1345 Avenue of the Americas. W Y u k A H 25.

STATE COMMI*ET. A4CCAl. 1V.ERIC SCWEIDERMAN. JOSEPH A. (Judge Arthur M. NANCY PELOSI. KAIMl Em BRZEmSKI. ddtWfZOf1 NEW YORK STATE BOARD OF E3.a. DWPLPOLI. DE. . R. BOEIfiER.ECTIONS.&&my Sodam. Deputy Director TODD D.. -iagainst- Index Na.k. SCHWARZ.STATE OF NEW YORK COLWTY OF KhrGS -------*-"--------_---------------------------C------ X CHRJSTOPHER-EARL STRbWK in ease.SUPREME COURT OF THE . VALENTINE.PETER G. JR. BRITZKER.J. THE SOCIALIST WORKERS PARTY. Fr. a.P. ORAM A VICTORY FUiVD. a. DOUGLAS A.N-PAm f/lCTORY 2008: John md Jme Docs.O. STATE COMMITTEE OF THE CONSERVATrVE PARTY OF NEW YORK STATE. Defendants. md XYZ Entities. Fr. W RRZEZWSKI. EVELYN J.Rmck Huasein O h a If. GEORGE SOROS: O R / I . PETERSEN. JOHN STDNEY MCCAM 111. IAN J. T1IOMS. JOSEPH P. MCCAlrN VICTORY 2008. ZBIGNIEW.k. AQU1L.. JOSEPH R. GREGORY P. JOHN A. BWEZTNSKi. ROGER CALERO. PETERSON I NOTTCE OF ENTRY Commissioner. P A W S . h 5 4 JWR AM?RlCA. Deputy Director STANLEY ZALEh'. THE NEW YOFX STATE REPURLICA~ STATE COh4MITTEE.EE OF THE WOUKmG FAMILIES PARTY OF: NEW Y'ORK STATE. PEhXY S. Schck) JaMES A.. SOERARKAH i(&k. ANDREW CUOMO. BIBEN. RUTH N O M I COLON. their Oficial and individual capacity.n. KELLNER / Co-Chair. SJ.MOCMTTC STATE COMMITTEE OF THE STATE QF NEW Y O N . THE NEW Y O N STATE COMMITTEE OF THE IP6DEPEmmCE PARTY.kLSH / Cu-Chair. O'f-IAE. Steve Dmhrun). S.4 / Commissioner. FRlZDERTCK A.

Data!: New York. NY ? 0006 Tel: 212-29-1211 TO: TKE C O W CLERK Supreme Court Bulding 360 Adams Swtt. on the 13a day of April 20 12. Room 1 g9 Brooklyn. NY 11201 CHWSTOPHER-EARL STRUh'K 593 Vanderhiit Ave. P.5 Broadway.21 l * L .Kings County.20 12 Respel=tFully submitted. By: Daniel S. $28 1 Brooklyn. New Yark April 26. -Rabinnwitz. KJ' 1 1238 - - APX . Standard. Krinsky & Liebeman.PLEASE T A U NOTICE that the atrncfred is a true copy of a Decision and Order in this natter that was entered in the office ofthe Come C l e r k .C. Reich Attorneys for Defendants The Socialist ttrcrrkers Pmty and Rbger Calerc Lf. Suite 1700 New Yark. Boudin..

2Q12.jl 13. New Ynrk 10I 05 (21 2) 548-7004 A tlarne-sfar Defendam Zbi~view B~ezinski.Marshall Beil Jacob I-lildner McGUlREWOODS L."3EUr YORK STATE BOARD OF ELECmONS.Ncw Ywk 10105 (212) 548-7004 A~urne. 7th Ffoar New York.psfur Ddendcmts Zbignkw Bnmillrki. Schacbr. 2012 1345 Avenue of the Americas.~ki. NEWYork April 26. .C. M h m IM. PLEASE TAKE NOTICE that the attached is a true copy of the Decision and Qrder of the: Won. 65001201. Mark Brzezifl.J. that wzs entered by the County C l d of Kings Countyon Ap1.201 2.S.I. Dated: We'ti' York. Ah Flaor NewYsKEr. Index Xo.1 NOTICE OF ENTRY et a f . . jl4ark Brzeinskix a d d m Brtczinski . dated April 3 1. afid lot Rrzezinskr' Plaint[$ v.P 1345 Avenue o f the Americs..

CiociaiBr Ff a r b Purr$ and R o ~ e r (7ulero - Michael Cardozo Corpararioa C.Glucknw Smh L. Barry. ' & 1 1533 -4 rsorneys *firPm5:idenr U m c k O h a . Esq. lrie~ President Joseph R.kunsel of rfic C i ~ y of New York 131": Chlnrens Orsland Assistant Corporation Counsel Nciv York City Law Drpartment 100 Church St. Suite 1700 New York.Christopher-F~ri St bunk 593 Vanderhilt Avcnrre.and J n h S xtd~<.itigsttisn Cctunscf Litigation Bureau 1 20 Brctad~vo y 24 th Floor New Yark. New York 1027 1 (2 12 ) 4 3 6-8645 333 Earle Ocington Bl\d.C. Daniel S . t P Prtul C. Dugan 787 Seventh Avenue Yew Ywk.irnri. PLLC Thorn& 3. Yew Yo& 10007 (2 12) 788-0904 Caplin & DrysJdc. D m 425 Lexington Avenue . New York 16017-3954 (2 12) 455-2000 Rrroweysfor Dc/endanr Pcter G.~~fi~r Dtfendrntq AfcCain P?clory 2 008.C. Hiden. P.Pcrerson And Rita C. Corlxtt? Esq.'ai~ tVillkie Fan & Oaflagher James C. and . O b m u 12ictu~v flt~. FVehncr One 'lhornas Circle.-Pulirrt3c'zory 2008. Chartered Imcs P. Km'ir York.5 .Vtzinq Petosi Rabinowfi t~ Borndin. *213 1 Brooklyn. 20005 (202) 862-5000 Simpson Tha~her & tctt I . JWcCoir. Standard. 37V Washington. 35"' Flwr Sew York. Tobjn 375 Park Avenue. L1. Klatell 45 Broadway. New Erork 10019 (2 12) 728-8000 Ariurr(rej'sj3~ LkfinJrJnr C'er~rgt. New Sork 10152 1212) 329-7125 Araorvtqy. rFc Lieberman. XCZV York 11238 Pitrinr g y pm se Hmis Reach.. New York f 0006 Affnrpleyqfop Defindmts . Obamafnr Antezsriccc. Schneidemm Attornejl Gcnersl os'&e State of'New York B y Jocl Graber Assistant Attomcy General Special 1.. Krinsky. Snr0. New I . New York. Suite 901 lhiondalc. 7%e 0-Mh'T Eric "1'. Keitl~ h4. Jr. Reich Christopher J.

Kcw York 11238 PJninr[fz pro sc Eric 1'. Schneidcm. Standard.$t FT'orker~.m Rtton~try Genaal airhe State of New Yark By:Joel Cirahm Assistmt Attomcy General Special Litigation Counsel Litigation Rurleau 120 13roadwny -. New Yot-k 10017-3954 (2 12) 4 25-20130 Arrovneysfor De@ndcrr.P ~ f ~ r s a n !lTillkic Fan & Gallagher James C. Trice Presidefit J o e R. EsqThe 0.. P. R 8 v .T"icrog~ Y . Keith M.ininndale. 5 ' e h e r One 'I'harnas Circle. mnn 425 Lexington Avenue New York. Suite 1700 New York.Assistant Carpomtian Caunscl Yew York City b u r Dtpmn~ent I 00 Chu~ch St. P w r y arzd Ro.f: n'ashjngtun. York 101 52 Simpson Thaccher & BseFen LLP Riul C. Chartered J m c s P. Dugan 787 Seventh Avenue New York. New h r k t 0006 A~ornqvsfnr Defendafrts 'sSociali. D. Jr. Klatell 45 Broadway. Botxdin. 1LfcUuin-Palin fXkfwy2808. and John S ilWcCkin - - APX . g2X 1 Brookl>n. Kexv York 11533 Artorncy #%r ?rcsidenr Bmack &ma. & Lieberman. 3'cts. Obarvtsrfsr Americcr.. Krin. Reicfi Christopher J.24th Floor kscw Yark.dq.Mh'l 333 Earle Ovingwn Blsd.22 _ I - - .Glt~ckow Samh L. Suits 90 I i. Esq.7003. New York 10019 ( 2 12) 728-8OSJO Arforneysjbr D q f i ~ ~ Geurgtr h ~ r SGPOS (212) 319-7125 A rrorntzysfir D E $ ~ ~ ~ E McCain ~ P ? F . Tobin 375 Park Avenue. Daniel S. Yew Yurk ZOO07 (21 2 ) 788-0904 Caplin & Drys&de. PLLC Tharnzi J.Christopllor-F&l Stmnk 591 Vanderbilt Avenue. 35"' Floor Xew York.. New York I0271 Harris Beach. 20005 (2025 862-5000 And Rita C.qer CcfIero (212) 416-8635 Michael Cardnzo Copration Counsel of d ~ Cily e of New York fiy: CMsfrens Orslmd .r Peter G. Biden. Corhctt. O h m Yicray Fund and IVarq~ Pelosi Rabinoivivitz.C. N1. h ' m r York.C.

DWAYOI.. Deputy Director TODD D.k. O'HARE.. PETERSON ? Comrnissiom.TI4E STA'I'E OF NlSW VORK COUNTY 0 1 7 KINGS . NANCY PELOSI. PARKES. Fr. DOUGLAS A. PENNY S. on April 13. GEORGE SOROS. EVELYN J. RIDEN. NOTICE OF ENTRY ANDREW CUOMO.ICAN STATE . BRZEZmSKI. in their Official and individual capacity.. PRIIw%KER. I COMMITTEE.ORSr Ir. SCTqR'ARZ. Barry Sactoro.- Christopher-Earl: Strr~nkin esse.. PLEASE TAKE NOTICE that the annexed is a tmc copy ofa Decision and Order dated Aprit I 1.2022 duly made in fhc above-captioned action and emered and filed in the C5mk's Ofice of the Supreme Court of the State of New York. RUTH NO EM^ COLON. JR. --- ?. STATE COMMITTEE OF THE CONSERVATIVE PAKTY OF NEW YORK STATE.IAN J. OIjAMA Ir/CTOR Y F U j W .STATE COMMITTEE or:THE WORKIN. PETER G.CIGC.--- .--. I i 1 1 +" - Defendants.261 2. 9:WC'CAlAF-PALIN VICTORY 2008.J. THOMAS P. ERIC SCH'NEIDERMAN.130EEINER. S O E B N W H ( a k a . F E D E R I C K A. a. MC'CAI!? i lfl%MRY 2008.a. PETERSEN: Zi3IGNIEW KAIMiERZ BRZEZINSKI: I MARK R R ~ E Z Z N S KJOSEPH I.k. THE SOCIALIST WORKERS PARTY. . W A L W / Co-Chair. R.. JAMES A. -.... Rarack Hussein Obsma. 6500L2011 lloncrablc Arthur M. S.---- w .. and XYZ Entities.n. JR. Kings County.IFS PARTY OF NEW YOfX STATE: ROGER CALERO. Steve Dunham).-- . -against- 1 ladex No. Deputy Director STANLY =LEN.. JOSEPH A.--"-""--- SUPREME: COUR'I.J. DEMOCRATIC STATE COMMlTlFE OF THE STAI"I:OF NEW YORK. JOSEPH P.Q.I.---. Fr. j J o b and Jane Uoes.Schack NEW YORK STATE BOARD OF ELECTIONS. a. THE NEW YORK STATE COMMITrEE OF TUE TNDEPENDENCE PARTY. KELLNER / CwOl. JOHN STDN15Y MCCAIN III.. AQUILA i Commissioner.G FAMIL. JOHN tZ. 8BAhfA FOR 1 A&IEHCA.0 1 .lair. VALENTINE. THE NEW YORK S7"AR REPIJRI. S.

McUar'n - APX - 24 7 - . {ndmi'ffedpra h e i~ica) One Thomas Circle. l"ehner. Todd E.C. N W Wastrington.9008. 375 Park Avenue 25th Ffmr New k'ork. F q . 20 12 IVashinptan. DC 20005 'i'elephone: (202) R62-5ftm Facsimile: (202) 429-1230 1 James P. Esq.Dated: May 2.and John S . Tobin. h4cF. Gq. NY 10152-3580 'Telephone: (2 12) 3 1 Y-7 t 25 Facsimile: (2 12) 644-6755 A itornqs for Dqfendants McCain tfictc7r-y .'ain-Pniin J4ciory 2 0 1 1 1 8 . Rita C . Phillips. D.

Y MCCA~N JOHN A. PlaintifT. -againstNEW YORK STATE BOARD OF XlLECTIQNS. 7 . SOEBARKAH (o.P m I t S O X / Commissioner. JR. RTDm. S.k. PETER 0 . WELNER / Co-Chair. S. JOSEP! I R. PRITZK1" R.r. Jn.7BIGNIEW KAIMTEKT.2012 $uXy d e in the above-captioned actiim dentered anb fiM fa the Clerk's Ofice of the Supram Cow ofthe State ofN e ~ q o t kKings .a. . FW. B ~ m k Ii~ss~in Ohma. Index No. -- -". ~ O G W N E R THE . 13RX. AQUII.DOUGLAS A. FAN J.J. OB/1MAFOR AMERICA. Deputy Director TODD D. PETERSEN.. THE SOCIALIST WORKERS PARTY. Fr. m April 13. WALSE?/ CO-Chnir...O.a.EZfT'4SSU. PLEASE T A D NOmm that the annexed i s a true copy of a Decision and Order dated Aptif 11. 1 VALEXTINE.\4(2CAN-PALIN T~ICTOKY Z O W . Steve D~nham). JOSEPH P.SUPREME COURT OF Tl4E STATE OF NEW YORK COtfNTY 01.in their Official md individual capcity. JAMES A. NEW YORK ST. PAIIXES. GREGORY P. JOSEPH A.n. Deputy Director STANLY ZALEN. ERIC SCM.W'fDEmN*. Q ' N A E .J. I'ENNY S.k. OUAiMA K T O R Y FUAU. SCIIWARZ. DPdEZEYSKI. br. DEMOCRATIC STATE: COMMUTEE OF 'IlfE STATE OF NEW YO=.iISORGESQROS.KMGS Christopk~er-brl: Strunk i n erne. STATE COMMIT1'EE OF TEE W O l W G FMILIES PAKIY O F KEW YORK STATE. MARK BKZEZMSKI. DINAPOLI.k.MMITTE OF "EE INDEPENDENCE PARTY.4TE REPLrBLICAN STATE COMMI'PTEE. Comty. 'TJ-TOMASP. APX . RUTH NOEM1 COLON. Mt2C'N YICTCIRY 2008. and XYZ Entities. Barry Soetom. JOI-fN I SIDNP.2012.DGRICK A. i John and Janc Does.. STATE COMMTTTEE OF THE CONSERVKI'fVE PARI'Y OF NEW YORK STA'IT. EVI<LYNJ.. NmCY PELUSI.A / NOTICE OF ENTRY Commissioner. RCJQER CALERO. a. a.6SDQ/2011 Honorable Arthur M. ANDREW CUOMO. THE NEW YORK STATE CQ.25 . S c h d rn.

/-@ * _ _ _ 1 1 - May 2. 202 719 7000 Fx. 202 7 19 7049 Attorney for John . 20006 Ph. D.C.2012 "-d 7 o % h r n r n berg T'hamas Kirby MqCEY REIN LLP 1776 K St NW Washington.( -7 . Roehner .4.

DEMOCRATIC STATE COMMITTEE OF THE STATE OF N W YQRK.J.. SOEBARKAH (aMa Barry Soetro. JOHN A. Co-Chair. ZBfGN1W WtM1ERZ BRZEZINSKf. MCCAIN VICTORY 2008. JAMES A. PRITZKER. BIDEN.. DBAMA VFCTORY FUND. RRZEZINSKI. GEORGE SOROS. ORDER NOTICE OF ENTRY KELLNER.S. S. MARK . WALSH.O.J. OBAMA FOR AMERICA. DEPUTY DIRECTOR TODD D. a#a Steve Dunham). --U-----YI"-I~--- N W YORK STATE BOARD OF ELECTIONS. O'HARE.VALENTINE... SCHWARZ. RUTH NAOMl COLUN. PETERSON. THE N E W YORK STATE REPUBLICAN STATE COMMITTEE. JOHN SIDENY MCCAIN tll. aMa Rawck Hussein Obama 11.1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS X CHRISTOPHER-EARL: STRUNK. -X //II PLEASE TAKE NOTICE. THE SOCIALIST WORKERS PARTY. -- APX . AQUILA. . FR. JOSEPH R.27 P - . JOSEPH A. JR. PARKES. that the within is a true copy of a Decision and Ordsr duly entered in t h e Offce of the Clerk of the within named Court on April 13. in their cr6ficial and individual capacities. FREDERICK A. DINAPOLI. ANDREW CUOMO.: 6500-201 1 STANELY ZALEN. E THE NEW YORK STATE COMMIITEE OF THE I INDEPENDENCE PARTY. STATE COMMllTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE.JOHN AND JANE DOES and XYZ ENTITIES. JOSEPH P. ROGER CALEBRO. PENNY S. DOUGLAS A. Co-Chair. P t r E R G. BOEHNER. Commissioner. BRTEZINSKI. GREGORY P. STATE COMMITEE OF THE CONSERVATIVE PARTY OF NEWYORK STATE. IAN J.PmRESEN. JR. EVELYN 3. ERIC SCHNEIDERMAN. MCCAIWPALIN VICTORY 2008. THOMAS P. FR. ww Defendants. NANCY PELOSI.2012. DEPUTY DIRECTOR Index No. Cornmissictner.

Dunn.28 . The OMNl 333 Earte Ovingron Btvd. N e wY c K k Ii i Mayi. RabinoBoubin. ? APX . P-C. Corporation Counsel ofthe City of New York 100 Church Street New York. CurbM. Esq. Esq. Esq. DC 20005 Attn: Todd E. New York 10007 Caplin 4% Drysdaie One Thomas Circle. NW Washington. Esq. Suite if00 New York.Dated: Uniondale. Pritrker BY Keith M. New Yark 11553 i To: Christopher-Earl Smnk PfainiiF. Klatelt.24'" Floor New Yo*. Stanbard. fsq. New York 11238 Eric T. Krinsky & Liebman. Esq. Mew Yo& 10271 Attn: Joel Graber.Phillips. PLLC Attorneys far Defendant Penny S. 45 Broadlway. 2012 HARRIS BEACH.. Simpson Thetcher & Rarttett. Schnelderman. Suit€!901 Uniondale. New York State Attorney General I20 ~roa#way.pm se 593 Vanderbilt Avenue # 281 Broaklyn. New Ycrrlt I O U 0 6 Attn: Christopher 4. Michael Cardarb. LLP 425 Lexington Avenue N w York. Esq. New York 10017-3954 AHn: Sarah L.

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NY 10271-0332 (212) 416-8645 APX - 30 . 6500/20:i Plaint iff. A r t h u r M.he Suprema Court: of t h e State Cauaxy (Hon. (Eoz. ORDER WITH NOTICE OF ENTRY Defendants. duly filed and e n t e r & o f f i c e of the Clerk of Kings County on the 13th d a y of April. PLEASE TAKE NOTICE that the w i t h i n is a true copy of an o ~ d e rof *.. SCHIVS1DEXNA. of New York. Kings in t h e Schack).H A t t o r n c y General of t h e State of New York ERIC / 1 -- JOEL GRABER Special Litigation Counsel -. et al. S c h a c k ) NEW YQRK STATE BOA3D OF ELECTIONS. New Y o r k . A r t l m r M..SUPREME COURT CF TRS STA" CdUNTY O"TXGS E O F NEW 3 ' 0 % I A S PART 27 --------_--------__--------------------X CER: ST372EP-. EARL S?RUNRf Lndex No. - - -- Litigation B ~ r e a u 123 Isroadway . N e w Yark May :0.2 ~ ~ " l o o r N e w York. 2012 T.

Y. 1GO 196099 MARSHAL BE&. NYS CauntydXingo Supreme Court with index 6500-20 I.2012. Beq. A s d s m t Corporation C o u n ~New l Yark City f m Lkpartment 100 Church Street Few York. 1 ~ t l ~ 1h/ -4~4 6 ~ ) . New York 10007 This Sworn to hefore me day of May 20 12 EoCrrE ~ M P T O N JR. Am over 18 ywus of age and not a party t ot h i sadan. My p l a e o f bUSiness 1s located at 593 VamlrxMlt Avenue BmaMyn NY 11238. Ovtngtan Blvd. C . JAN WITHOLD BARWESQ. AAG Assistant Attorney CScncraI Special L i e k i m Counclel litigation Burntu 120BROADWAY . TOBXN. KIRBY LTQ. On May 23. FIE^ TWOMhq Mr. FStw York 102714332 MICHAEL CAmOZO Corporatian Cwnacl ofCig of New Yorlr By. SCHNEtMP. M c h Esq. PC Chkt~lph*. GARIZY.WS BOE et al.2012. RROMBERG ESQ. ESQ. 01HA6044027 .Bcrw Ymk. New Yark 11553 JAMES C.SUPREFvlE COURT OF TRE STATE OF NEW YORK COUNTY OF KWGS X - Index N o . Suite 901 Unjt~nd~k. Ebq.o f SXbP!WN THACHER dr. CHLAREPrS ORS-D.. Christopher Strunk instructed me to ~cm a true c u n f m e d copy ofthe PmTIIEI"S N m C E OFAPPEAL with Notices of Entry.. YEW VoRK STATEBOBRD OF ELECTTONS et al. I cm. depose and say under penalty ofprjury: a. Cnlrw APX - 31 . %kc 1330 New Yo& New Y e tOO(Ki-3791 - - ERIC T... Hew York 1001'1-3954 ATltA C.RMAN Attorney Gcnaal of NYS bB:JOEL QRABER.20006 R A B w O v v l BQL9IN. ~ STAWARD.tsed each copy a i 4 h praper p ~ g t a g e for sarVia? by regular ma~f of liatcd caunsels and w k m each enmlapc. by USPS mIvicc lnpon Deimdnnts' Counaela. 1 Accordingly. of M c C I W WOODS U P 1345 Avenue of Amrriaa. d. DUGAN Esq. Bj4KTLETT LLP 425 Lexirtgtm A v ~ n u c Renr York.24th Roor P. C m k E D 375 Park Avcnuc 35% Florn New Ywk. Esq. : 6500-2011 I t Christopher-Earl: Strunk i n tsse. ' Notary Public.king duly swwn.J. N. c. and Dmicl S .Symnk. was deposited wfth the USW for service upon: k i c a Burke. NW W ~ h i n g MD I. Defendants. DECSIONAND ORDER TO SHOW CAUSE and RADI forms with Issues on Appeal Attached for the cast! . KFWSKY C L I F B B W . 1. Esq. of WILL= FARR & QAUAEHER 'tCP 787 Seventh Avenue New+York. 1776K Street. 7th Floor HeurYork. of CAPUN 4 % DRYSDALE.~.. E b q . New York 18 152-3500 n x e OMNI 333 & l e HAPCRIS BEACH. New York 10105 WlLEY ftEM W KWl3 A. PUC By THOMAS J. 45 Droadway. b . Lhte-11Esq. On May 23. State vf New M r k Q~allfied I n Kinn* -- -- - - NO.

--~--------...--x Chriatophcr Earl Stiunlc..runk.2012 $ % ( + -- . : 6500121011.-----------. & - Christopher-Earl: Strunk.--I"---*-. (84% 901-6767 E-mail: gh:rik4et.----.---------------. Plaintiff mlf-representwithout being a n attorney 593 Vandcrhilt Avenue 6281. PlaintifFa Notice o f Appeal signed Mey 23. Yew Yo& 11238.-.a .m12 - Variaas Setices o f Entry far 8 Mations Request far Appolllate Division I a t e r ~ e ~ ~ t i a n * AfYidaxdt olSdc1e Derted: Brooklyn.20 11 srztered starting A p r E L 23..2012 DbaMon and OSG dgnd Ap* I 1. Brooklyn. Hew Yerk M a y 23..ws . in case. &&ex comm OF KMOS S-ME COURT OF TRE STATE OF YO= N o .

. ..._..." Schack said.. " . . -....I.. . and the accomplishments of his two children..... .-.." said Schacic. a..i J . Elaine..-iL . . ...homereportemews . . . .. .. :-+:-... -STAR OF BROOKLYN: Judge Arthur Schack -..* : .L ..oodnews/-udge-... . n Y Y Y . including treasurer for two years. --.". .... ..I?IkpH T ee C?tln!!b~icpr I\--v??d . Before he became a Supreme Court justice of Kings County. . ... and Douglas. Diiia. and a troop chairperson. ..-.r -.. successful career in education and law.. 1 .--" .. .. ... 41JlqRnS. C -~ -r -r .-.... . . . " i .i:+L --. . ..C-. -.. .. .. .. board chair for three years. ....... : .... .. :+.. .. Crh-k < hnc ~ P C P ~ the F ~ . I ..-. ...... ..."~ (Iarnm.lr.. BIGGEST CHALLENGE: Schack's biggest challenge is finding time to balance it all.. ." .. He is a past president of the Brooklyn Council Executk Board Troop 20 at the New Utrecht Reformed Church.tl+p e c : . .. 2 c i . .. -. .. .. '. ^... .. .." -- % APX - 33 .. .. ... -1... .....America for his service.. rl.x. ... ". ...Home Reporter News: Ge. and on +he < .. it's really about balancing it all out.U"" J. r--. ..." PERSONAL LIFE: The greatest achievement of Schack's personai iife is his successhi maniage to his wife. ..... .. . ..STAR OF BROOKLYN: Judge Arthur Schack . plus my family.dcm t h !biter! ~ Fpdcrntinn nf T e o ~ k p t s !TW\ \ ... in several different positions...... CAREER: Schack has had a long. COMMUNITY INVOLVEMENT: Arthur Schack has been very inmlved in his community in the 34 years he has lived in Bay Ridge.... "It's an opportunity to prove justice and himess to the people in the community.. "This is the best job in the world.. He has also been inwhred with the Boy Scouts of America for many years. -.. : .... ... CATl37hT7n%.... .-. I'm thankful I don't mind getting up in the morning.. .* B . Y . .... ..... "As a judge.. d thc Emmcnica! Award fkom :kc Cat!ioEc LavVycrs of Xhgs CO'G~~J..-. I'm mvoived in that. I want to help people.. ..-. .. .. -:I +I.U. . . .. heiping those in need is cruciai.. . -1.. who is an attorney.... ... I .. ." he noted. .. "" .-. . .... but the greatest achievement of his career has been being named a Supreme Court justice.-. . C-.. ... a New York City police sergeant.7.Y I-. . - !c y??~. L " .. making decisions. X C . .c . ... ~://www... . "Between my job.T.. he served on Community Board 10 for 15 years. He has received the Sliver Beaver Award for Distinguished Service to Youth and the George Meany Award fiom the Boy Scouts r?f .. .. . .. ..... . . "I beiieve that pubic service is important... ... I. . : .... .:.... Y"--U.i:.. :.. . ...

:I.34 ..r:..o .-. The dedication includes a blessing by Guild Moderator... goals and prlnnples. then in Saint Francis College.. I The Catholic Lawyers Guild of Brooklyn dates to the 1930's.-.!!C y-. The Guild's mission presently is to advance the goals and ideals of Catholic lawyers.1i i l e i a w ~ ui ~ ii~r Supreme Courthouse at 360 Adams Street......rr!>. % - fl?y-#. 3 . The Red Mass is co-sponsored with the Columbian Lawyers Association of Brooklyn and is followed by a reception which is always well-attended. the Guild holds its Annual Shrove Tuesday Luncheon.il.. .r-...--.~ a ~ w e yiiiira~T o r our irli~ruaiiiaiiviiy driiiiaiiu~~ u1. . : 1 n i) conge!?!?!2nd prefecc/on.. .-.-:. . . .. at several other !. which invokes Divine Providence for the coming Judicial Term. ! u ! ! . . expanded program of activities and continuing Rdelity to its values.l! environment... through the years. Msgr. ..cahliclawye~~guildo&iogsco~.. SIte Derbned by Amanda E m FZ* . ... . Scharfenberger and the singing of traditional Christmas carols.the ideals of the Catholic laity. > = : > . members originally met in Saint Joseph's College on Clinton Hill...! . 4.. r i ~ i r ~ pariy. the membership as well as the activities of the Guild have broadened in scope. .. h : ........ Rev..md I 1.i:&q ! APX . I>-. . . . . ..--.. . .. . . ~ ~ l .. I. compassionate and just application.i:-. .. - . The Guild was organized by and for Brooklyn Catholic Lawyers as a forum for discussing the legal and social issues of the day. The Guild's year commences in the Fall with the celebration of the Red Mass. 8 Cathok Lawyers GUM. The rathnllr ! nwyerc fi:ild Plnrew nf Rrnnklvn Ionkc Fntav~rr! tn the rnmln? year with a growing membershtp.-1 . . -.n 6... to respect the integrity of the law and the need for its fair. I. ! ! c!!.>.. Tlru ..C!e! C!!. Questbn6 o r Comnents?_C_ontactUl. .ir.._lC> g!(N I..-I lla L I I I I > L I 251 !I~ ty ~ is i u i ~ d u i k d dui-i~iy the 'iuietide season. .> fCI-V!!!&S!!>!! . . t i ~ : ' ... . : u r ! : .. At the beginning of the Lenten season... ... +. . iliiniediaieiy greieiiiiig iile C i ... . The Guild currently sponsors several events each year..C. .-.i! ..-.._!!EX.. . .!= O ' l-1!y-"C> L'C! L 3 l.%. - ... -.. 3 s .. and then..Catholic Lawyers Guild o f Kings County http://www._l !Eye! !>>. - - .r-4 4 . The. to acknowledge the primacy of moral values and of justice in the governing and administration of modern society.. . . Edward B. .-. .... .ri....... -- Over the years. to bring together members of the .. ..

.-. -.I. Justice David Schmidt accepted the Guild's EcumenicalAward on behalf of his parents.but for the past 33 years.. state Justice David Schmidt and attorney Andrea Bonina. .. -- . APX - 35 . "My father thought all the Jews in the world were killed._." The first people he saw at Bergen-Belsen were the rabbi of this synagogue and his father. which honored Judge Belen. they were given no food or water. He mentioned the case to his father. -_. about 225 people attended the guild's annual dinner at Gargiulo's Restaurant. w\ir\s.. the Catholic Lawyers Guild of Brooklyn has honored judges and attorneys who demonstrate these qualities.. Schmidt said his father never spoke about his experiences until right before he died. The train traveled for seven days and seven nights.. r d& p = F ._." Schmidt said..wW..- Heimfshe Meitch on the Bench.* Yo11Need a Hip Recall tnw\yer. virtues like compassion. according to immediate past president Annalise Cottone. Schmidt had a case against a synagogue in Williarnsburg where a worker fell from a scaffold. Civil Court Judge Bernard Graham._ local NY lzw firrn : * _ * .. ~ ~ .. . When the train arrived everyone had died except my father. .CL. Schmidt.--. charity and selflessness may not immediately spring to mind . honored i n Brooklyn - When discussing the Legal profession. 1800iii\v l!~lO. "There were hundreds of people in the car.-.W o r k wi~h a. .-I. Brooklyn Ciyil Administrative Judge Ariet Belen swore in Joseph Bellard as the new president of the guild. --. I ) - . who were both Holocaust suMvors.. This year. who then told him how he was taken to the Bergen-Bekenconcentration camp.=/ -z. ._ .. Brooklyn Law School Professor Richard T. Farrell. Supreme Court Justice David I .. .co~'~I~Iip-RcciiIl-tllp - .C.

"We as judges and lawyers in the greatest country in the world have a duty to fight racism and bigotry wherever we find it.Chaptmn Blog! "One of the reasons that the Holocaust succeeded in killing so many people is that when the Nazis started passing all these racist laws in which Jews could not marry nonJews. and I did not speak out because Iwas not a Jew. and served for 11 years as law secretary to Justice Gerard Rosenberg before being elected to Brooklyn Civil Court in 1995." Schmidt said. - " I ." Justice Schmidt noted. nor did they find these laws invalid or unconstitutional. the German pastor who outspokenly opposed the Nazis and suffered in concentration camps. "It is our duty to make certain that no one is persecuted based on their religious beliefs or [ethnicity]. Schmidt said. He was appointed as an acting state Supreme Court Justice in 2000. Then they came for the Communists. when he first ran.as a Jew with a yarmulke. who "strive for higher ethical morals and standards than the law requires. Niemuller said. Then they came for the trade unionists.": All the Mosdos in B'klyn sent notices out to vote for him. * ---This article pcxted by Chaotzem : 5:05 Phi Comments: I do not understand how a Torah Jew can serve on a secular bench. 2007 1 :20 A.." Schmidt said. . and there was no one left to speak out for me. and I did not speak out because I was not a trade unionist. own property or businesses and could not belong to any of the professions. He said he was especially honored to receive this award from the Catholic Lawyers. and I did not speak out because Iwas not a Communist.-nis I a r i i c h posted by :Kiav 25. The lawyers supported the laws and the judges did not protest the removal of their colleagues.-% APX - 36 . 2607 ?:07 PN. who wean religion on my sleeve. or even two Jewish parties.. ." Webster's defines "ecumenicaln as "fostering religious unity. One school even gave out little chatchkes with his name imprinted. "First they came for the Jews." He quoted Martin Niemuller. and was elected to that bench in 2006. similarly strive for higher ethical morals. In a 1959 seminary address in Atlanta. Ga. (Were you sleeping? ---This article wzted by Anim}mcus :A<ay27.\ - . If a case comes before him involving a Jew. no one protested. To "Ido not understand how a Torah Jew can serve on a secular bench. The judge graduated from Brooklyn College and Brooklyn Law School." Schmidt said. Then they came for me. will he rule al pi halacha or based upon secular Law?Will he reject the case and order them to report to Beis Din (assuming they had no permission to take their case out of Beis Din)? .

I you more than absolutely necessary. . a rachmunus oif deer in dayn mishpuchu. ---This article posted by Analymws : hWc 28. ---Tl~is article posted t. 2007 10:?5 A M I don't know which mosdos you are referring to. ---Thisarticle pcsted by Anonymous : May 29. ---T!lis article ~cb:ed by . 2007 2:40 A M Is he the one who told the two bovorers that their father told him t o send jews to beis din and that they should go? --This axicle posted by Ancnymxs :h u v 27..- Joseph Ask a Rav your shailah But remember how could he judge a Jew i f he is not at least a dayan? . if this blog is the ideal place you ask you shailos.--I n -. Iwouldn't want to embarrass non-response.jmc:s : May 27. asking a halachik question is not only encouraged in Yiddishkeit. as one commentator above asked?) Or will he throw out the case? -- . Hope ur wife's a bit wiser than that.: . Judge Schmidt is a big Talmid Chacham and certainly knows the answer to it.--Tiis articie p3sted DV Ancnynws : May 27.:. But it is an obvious question. 2007 8:09 Ah! Judge Schmidt is a living. Come back with some kind of lame "don't sit on your fat ass" type of ' l llet you talk to the wall next time.-This art~cle posted b~ Hey Joseph. but it is the proper method of learning. He is unique in a sense one can only understand if heishe knows him. . Nay 27.. 2007 10:27 . . . nor do I know which Rabbonim give a haskomo to whichever mosdos it is. . never cracked a book in your life. 2007 6:25 PM APX - 37 . --This articie w:ed by Chaim : htiy 29.ay 27. 2007 9:04 P. : : P What is wrong with him. discussing halachik shailos on a blog?You are a close-minded idiot.. . It's you.y AnonwiIail5 : t:. . . :. I'lllet you try t o figure out why. But as a hint. What a great person. 2037 2:56 Pr?: Why don't you get off your fat ass and open up a Choshen Mishpat and figure out the answer to your question instead of making that his problem. -.No he's not. . 2007 9:43 A. . You just made obvious what an am haaretz you are. 2007 8:35 PM 8:35.cn.This artic!e pasted by Anonymous : Mzy 27. ~ at s L~de posts b j : Vay 27.' . GO CRACK A BOOK AND FtGURE OUT THE ANSWER!!! .M .V To 8:09. as he is sworn t o do? Or will he judge al pi din (is he even allowed to judge the case.2007 !2:00 FN A rachmunus on your family too. breathing Kiddush Hashem. . In fact. I just asked a simple question. . I did not say their i s no answer. . who is a lazy bum.. What will he do i f a Jew (or 2 Jewish parties) comes to his bench?Will he uphold the secular law. or anyone. L .

---This articte posted b:f i i n . 2 . Any times both pammes are Orthodox Jews he encourages them very strongly to p to Bais Din.Yeah. 2007 5:49 h i As an attorney who has appeared many times before Judge Schmidt I can tell you: 1. Judge Schmidt is a well known Talmudic scholar and has done wonders to the reputation of Orthodox Jews in the Court system. If he i s not sucsessful.This article posted by 'inon~~qt .lav?9.May 0 4 . Iwould like you to know that he was endorsed by many Rebbes. 2009 9:54 ?So Judge Schmidt is extremely smart guy!! . 2007 li:*V AN Can anyone tdl me how many Jewish Judges we have in Brooklyn Civil Court? -. ? r : ~: ~May ~ s 31. Sounds like you don't feel competent to particiapte in such a discussion. and Rosh Yeshivos (including R ' Tauber of the Bobov and R' Kaminettzky of the Philadelphia Yeshiva among others).onhrnoas : t. Dayanim.~ June s 18. whats wrong with a halachik discussion. If they refuse to go to Bais Din he tries to settle the case with a "peshora" and is sucsessful about 98%of the time. 3. he sends the case out for trial to another Judge.-.-This artlcle posted by L n w ~ m o u :: .' APX - 38 .Tllisar!icle post& by Xr.10:27 . 2012 lt:42 A'. --.

m.. a. "Soebarkah (a. Docket Reoort . hearing on his order.S. Here are the facts that give rise t o Strunk's legal action.- -- - Not the Same as an Enalish Common Law "natural born Subiect" Qbama When Born in 1961 Was 3 British Subiect as Was His Father and Obama is Still a British Protected Person and Citizen to This Day Neither the 14th Amendment Ratified in 1868 nor the Wono Kim Ark decision in 1898 makes Anv Person a "natural APX - 39 r. 2012 The New York State Court Should Not Sanction Pro Se Plaintiff. 2011.S. h e was back before Judge Schack on his pendlng complaint. Barry Soetoro. Christopher Earl Strunk.S. Strunk was looking for the same type of relief i which would have satisfied his concerns regarding the wording of the eligibility instructions. for His "Natural Born Citizen" ~itigation The New York State Court Should Not Sanction Pro Se Plaintiff. May 6. denial of equal protection for voter expectatlon of a correct ballot. Not receiving any satisfaction. i n which he alleged "breach of state I constitutional fiduciary duty by the NEW YORK( STATE BOARD OF ELEClTONS and public officer defendants.A . Judge Schack reserved decision.-. Esq. I e n j o y t h e universe of ideas a n d a s o u n d m i n d a n d body.k. Jamesburg NJ 08831. interference with plaintiffs election franchise." The correct New Jersey instructions can be viewed at htto://ww. While his case was pending. for His "Natural Born Citizen" Lltigation Mario A p u r r o By Mario Apuzzo.a.360 Adams Street. Constitution Article 11. May 7. pro se litigant. Strunk along with defendants many attorneys had oral argument on the motions before Judge Schack in August 2011.-. .A. 3-4. rather than state that a presidential candidate has t o be a "natural born Citizen" pursuant t o Article 11. Sunday.r [ ] Share Report Abuse Next Blogv Create Blog Sign In Natural Born Citizen Right Answers . a scheme t o defraud plaintiff of a reasonable I expectation of successful participation i n the suffrage process. At first..a.-. "natural born Citizen" presidential eligibility clause. in Room 479. BLOG: http://puzol. New York 11201. But t h e State of New York would have none of it. Schack.com/ouzol/d/91538227-New-Jersev-SOS-EliaibilitvInstructions-for-Presidential-Primarv-2012 . p. Federal Common Law on "natural b ~ r Citlzenshi~" n 0 : . 1 8 5 G a h m e r Ave. At the October 25.-. There are many attorneys involved and one can just imagine the size of the bill that they will present t o t h e c o u r t . ! SCHWARZ. Section 1 . He asked that a correction be made t o state that a presidential candidate must be a "natural born Citizen" which is what Article 11. Section 1. . asking that the court issue an order t o the New York State Board of Elections that it correct the eligibility instruction from "born a Citizen" t o "natural born Citizen. Arthur M. commenced his election challenge case in the Supreme Court of the State of New York by filing a complaint on March 22. I n the meantime." The attorney told him that they could not do that.a.A Place to Ask Questions and Get the Bocca Della Verita Fcn A blog to discuss the U. Strunk stated to counsel for the New York State Board of Elections that he would be willing t o settle his litigation if the New York State Board of Elections would change the ballot instruction from "Born a Citizen" to "Natural-born Citizen. Pro se litigant. ~ t me s = Have the ConstitutionaJ Power to Pass Leaislation Prescribing President~al Ballot Access ReauiremenE A Cataloa of Evidence .S. Steve Dunham. Strunk tlled an order to show cause.k. 2011. Christopher Earl Strunk. will have t o show cause before Hon. Suoreme COU& Summary of Latest Court Activity Kerchner v Obarna & Conqress Su~rerne Court of U. Constitution t o Unite the 1 3 Free & Inde~endent Sovereian States into a More Petfect Union & Natural Law is The Law of Nat~ons U.. Clause 5 of our Constitution clearly and plainly states.Concerned Americans Have Good Reason t o Doubt Putative President Obama Born i n _ Hawaii Read the Kerchner v ObamaIConqress Petition to the U. denial of substantive due process for voter expectation of a correct ballot. Section 1. Email: apuzzo[AT]erols.. Chrlstopher Earl Strunk.The Leaal Book Used bv the Founders & Framers t o Write& Declaration of Indeoendence and U. Esq. 2012 On Monday. He included as a defendant . Judge Schack includes In his Decision and Order parts of the transcript of that oral argument.a .. Christopher Earl Strunk.blogspot. Mario Apuzzo. it was brought t o Strunk's attention that the State of New York's instructions for getting on the presidential ballot.. Citizens Law of Nations . Brooklyn. TEL: 732-521-1900 FAX: 732-521-3906.com.S. why he should not be made t o pay for the defendants'attorneys' fees in his case i n which he claims that putative President Barack Obarna is not an Article I 1 "natural born Citizen" because he was not born t o citizen parents. said that the President only had t o be "Born a Cltizen. The defendant filed motions wlth Hon. Arthur M. Strunk appealed Judge Schack's denial order and was told by the appeals court that Judge Schack's order was an interlocutory order (not a final order) and so that court dismissed his appeal. Schack t o dismiss Strunk's complaint wlth prejudice. the Secretary of State's instruction. did not state that the President had to be a "natural born Cltizen.O. i n October 2011.k. at 2:30 p. a scheme by all defendants for unjust enrichment.com < - I c m l . interference with the I right t o a republican form of government by the two Jesuit defendants and defendant F. Judge Schack finally decided the case on April 11. using plain citizenship as the criteria for eligibility. JR." Declsion and Order." Judge Schack denied his appilcation as premature. a.-. at which time he entered his . May 6. and. 2012. who were all members of the New York Clty Campaign Finance Board.to show cause.S.Kerchner v Obarna & Conaress Summarv of Lawsuit/Comoiaint and Link ts the Comoiaint-Counts/Charaes Article I1 'natural born CitizeMeans Unitv of Citizenshio at Birth Obarna . at Part 27. Barack Hussein Obama.Maybe a Citizen of the United States but Not a "natural born Cltizen" of the United S w Natural Born Citiz~nshio Requires Both Parent3 t o be U." He wrote to the state election authorities and pointed out the error. Clause 5." A concerned citizen wrote t o the Secretary of State and pointed out the error and she simply made the correction by stating that a presidential candidate must be a 'natural born Citizen. 2012.scribd. The State of New Jersey also had the same type of error.

Judge Schack found that the court has no jurisdiction because of the political question doctrine and because.m. the court must 'accept the facts as alleged in the complaint as true.S.State of NH Bill Savs No More Hidden BC Records The Bioa Rules-Please Read Read m v A~uzzo's Writings/Briefs 63 SCRIBD." but NOT "natural born Citizens of the US. Inc. 43 NYZd 268.Decision and Order. . 20 Jan 2009. "The allegations in the complaint cannot be vague and c o n c l u s o ~ ~ ~ ( S t o ~ a vnGahona. and I determine only whether the facts as alleged flt within any cognizable legal theory' (see j Arnav Indus. the complaint must be dismissed for failure to state a cause of action. Judge Schack granted defendants' motions and dismissed Strunk's complete complaint with prejudice. instructed that: I - s2xndmm Table of Contents for Kerchner v Obama & Conaress 2nd Amended C o m ~ l a ~ n t Served on the Defendan& The Lawsuit . Index No. even thought we are both in good standing.District Court Kerchner v Obama & Conaress Judge Schack has now ordered that Strunk show cause why he should not be made to pay for the costs incurred by all the defendants in having to retaln and pay for their attorneys to defend them against his action.S. Judge Schack started his opinion by stating that '[ilf the complaint in this action was a movie script. he could not re-litigate those same issues in the instant action. [Emphasis added] For a plaintiff to survive a motion to dlsmlss for failure to state a cause of action. Docs. finding that he was in good standing. Judge Schack found that Strunk did not properly serve Obama and McCain. 273 ADZd 193 [2000]). of Brooklyn & Queens. He therefore found that under the doctrine of collateral estoppel. . the Court. Judge Schack did state the correct standard for the court to apply when deciding a motion to dlsmiss the complaint on its face. Judge Schack concluded that Strunk already litigated "many of the issuesn In the instant action in federal court and in Strunk v. 451 [2d Dept 2003]). I Finally. Felder & Steiner.. He found that Strunk did not sufficiently allege an injury in fact and therefore does not have standing which causes the court not to have jurisdiction over his claims. 570-571 [2005]). 153 AD3d 727. & Videos Article 1 1 Leoai Defense Fund for New m Make Mine Freedom (19481 Birther Summit March 2012 Reaistrat~on Natural Born Citizen for Dummie2 Learn What is America's True Form of Government Five citizens hi^ Terms Used in Constitution -- _--_ APX - 40 . 5 NY3d 561.729 [2d Dept 19891)." Email address. Leon v Martinez. i t would be entitled The Manchurian Candidate Meets The Da Vincl Code. .All Court Documegts . "the sole criterion is whether the pleading states a cause of action. 29642108. It should be known that the Georgia court denied Attorney Van Iron's motion for pro hac vice admission and the Commonwealth Court of Pennsylvania denied my motion for pro hac vice admission. in ' Morris v Morris (306 ADZd 449. Strunk v. Second Amended Verified Com~iaint Filed 9 Feb 2009." but rather 'natural born Citizen. v Town of North Hempstead. accord plaintiffs the benefit of every possible favorable inference.com How You Can Helo the Cause Follow by Email Judge Schack concluded that Strunk's fraud claim also needed to be dismissed because he did not plead with particularity that he relied upon any of the defendants' statement and did not plead that he suffered any pecuniary loss as a result of statement of any of the defendants.Kerchner et ai v Obama et al: Initial filing 2:50 a. However.Kerchner v Obama & Conaress Washington DC DOCKET REPORT . 96 NY2d 300. Judge Schack also ordered that Strunk is precluded from relitigating the same claims i agalnst the same defendants i n the New York state court wlthout first obtalning prior written approval from an administrative justice or judge. -.Aa~eais Court Kerchner v Obama & Conaress Phiiadel~hia P A DOCKET REPORT . The court must accept the facts alleged in the complaint to be true and determine only whether the facts alleged fit within any cognizable legal theory (see Dye v Catholic Med." (Goldman v Metropolitan Life Ins. the factual allegations in the claim cannot be "merely conclusory and speculative in nature and not supported by any specific facts.Su~reme U. j Judge Schack never ruled on Strunk's application that the Board of Electlons be made to correct the ballot instruction for election for the Office of President to say not "born a Citizen. Further." (Residents for a More Beautiful Port Washington. and to transfer the case to Judge Schmidt because the Paterson case was already dismissed.At A~uzzo's SCRIBD Account Court of DOCKET REPORT .. 275 [1977]. Inc. Milstein. Co.State of SC R e a m Conclusive Proof of Natural Born citizens hi^ Status for Pres Elections _NH Bill 1245 . He stated: j "When determining a motion to dismiss. 230 ADZd 764 [2000]). Those acts ancreate "Cit~zens of the U. Judge Schack also dismissed Strunk's complaint on the ground that it was both factually and legally frivolous. Paterson. while finding no problem with his service upon the other main defendants. and if from its four corners factual allegations are discerned which taken together manifest any cause of action cognizable at law a motion for dismissal will fail" (Guggenheimer v Ginsburg.. 84 NYZd 83. Ctr. h m i t i z e n " . Raysman. bare legal conclusions are not entitled to the benefit of the presumption of truth and are not accorded every favorable inference (seeDoria v Masucci. I I iI I I n determining whether a complaint is sufficient to withstand a motion pursuant to CPLR 3211 (a) (7). Paterson. = Search Search This Blog SCRIBD Links to Obtain Court Docs Filed Kerchner v Obama & Congress . where the issues were decided against him.87438 [I994 I ) [Emphasis added]..State of AZ Presidential Constitutional Eliaibilitv Verificaton Bill w~th Numerous S~onsors SC Bill 3389 ." Whv the "natural born Citizen" Clause of Our Constitution is ImDortant and Worth Preserving What is Putative President O b & m a & j p Obama's Lack of Constitutional H R 1503 Pres Candidates Constitutional Eliaibilitv Docs Bill for Future Elections NOW Has 1 Z _ S & m AZ HB 2441 . Judge Schack also granted a motion to admit pro hac vice one of the defendant's attorney. Judge Schack also denied Strunk's cross motion to consolidate the instant action with another New York state case. off 248 Useful Info.. 303 [2001]. i Judge Schack found that because it is not possible to easily gain notice from reading his : complaint what his particular cause of action is. Retirement Trust v Brown.

Merrv Christmas Omerika!! Time Since the Usurper Putative President Obama aka Barry Soetoro Unconstitutionally Took Office ' 1203 Days. Judge Schack applied federal court standing standards t o a state election challenge case.S. But with pro se complaints. or a certified copy of the record of live birth.S. regulation.S. I t found that the court therefore did not to have jurisdiction over his claims. guideline. including the Office of President. the court has cut out the states play i n properly vetting presidential candidate early i n the election process so as t o not allow any unqualified candidate t o advance too far and even t o the point where the general public is voting for an ineligible candidate. Strunk should be given standing to bring his ballot challenge. t o any official of the United States Government. sec.A Picture is Worth a thousand Words. app dismissed 92 NY2d 844 [1998]. Ciearina the Smoke on Obama's Eliaibilitv: An Intelliaene Investi~ator's June 10 2009 R e ~ 0 r t See How Easv it is to Produce a Phony Certification of Llve Birth (COLB) and a Diaital Irnaae & Picture of Same and Put i t Online. As Iwill show below. He states that Strunk challenges the eligibility of "President Obama. regardless o f . requires a voter who files a ballot challenge to be of the same party as the candidate of whom the challenger complains. (See LoPresti v Massachusetts Mut. 387. The Greatest Birth Certificate Fraud in Historv . states do have a critical responsibility t o ensure that candidates on state ballots For federal office meet constitutional eligibillty requirements. Life Ins.41 . PhD.Three I ittleWords Video . 00 Hours. FAILURE TO HAVE STANDING The court found that Strunk did not sufficiently allege an injury in fact and therefore does not have standing. Also. Here is one for Mickev Hussein Mouse U . FAILURE TO STATE A CAUSE OF ACTION Judge Schack found that because it is not possible t o easily gain notice from reading his complaint what his particular cause of action is. 30 AD3d 474 [2d Dept 20061. I n their report they opine that there is "no federal law." The CRS memo can be read here: bd. Co.com/doc/74176180/0uaiificatio~-for-President-and-the-Y0E2~/~80 htt~://www. rule.. But the meaning of any specific clause of the Constitution is a judiclal question and one t o be authoritatively decided by the United States Supreme Court. Many states in the union have llberal standing standards when it comes t o allowing voters of their states to file election ballot challenges. cert denied by Stoianoff v New York Times. The federal court standing standards have no application In the state election law challenge." He did not state that it is "Candldate Obama" that Strunk challenges. Strunk more than adequately sets out a cause of action whlch can be discerned by an indulgent reading of the complaint. Such a diaitai imaqe is all that Obama has aiven t o the electorate and public -art his daim of birth in the USA Analv+is of Obama's Certification of I ive Blrth (COLB) and Examoles of Other TvDe Birth Records bv syc1959. m & n ~ I do not agree with Jack Maskell's definition of a "natural born Citizen" which Is any person who Is a "citizen of the United States" from the moment of birth. What 1 s a Natural Born Citizen? Exactiv What is a Natural Born Citizen? . The Congressional Research Service (CRS) examined the issue of who is responsible for presidential vetting. he relies on the Electoral College's and Congress's lack of objection t o Obama's eligibility In the 2008 presidential election. there is considerable confusion over the issue of who vets candidates for their eligibility for federal office. nor is there a requirement for federal candidates t o publicly release such personal record or documentation.Sampling Jeff Rense Radio Show Les Naiman Show-970 WGTK Louisville UY-NovIO Les Naiman Show-970 WGTK l ou~svilie KY-MavlO Jeff Kuhner Show-570 WTNT Wash DC-AorlO Blll Cunninqham Show-700 WLW Cincinnati OH-Aua09 Sean & Frank Show-680 WCBM Baltimore MD-Jun09 The U. Without even acknowledging that Obama is currently a candidate i n the 2012 presidential election. Levin v Isayeu. 1Story on the Constitution. 15 which only applies after the general election and when the Congress is in joint session counting the Electoral Votes. Analysis of Obarna's Certification of L ~ v e W (COLB) by Ron Polarik. and reside i n the U.Obama's Foraed Online Certification of Llve Birth . . Strunk's fraud claim is not necessary for him t o continue his claim that Obama is not a "natural born Citizen. Constitution Natural Born Citizen Graphics . By cutting the states out of making sure that presidential candidates are eligible for the office they seek. 30 Minutes. with just requiring that the person be a registered voter of the state. Constitution requires that the President be a natural born cltizen. He states that the states have no role to play in that process. 27 AD3d 425 [2d Dept 20061. He found that the question of presidential eligibility and necessarily the meaning of a "natural born Citizen" are left by the Constitution t o the Electoral College and Congress in joint session when It counts the Electoral College votes. for 14 years prior to belng elected. Pennsylvania at most. New Jersey has no same party requirement." FAILURE TO SHOW THATTHE COURT HAS JURISDICTION Judge Schack found that the court has no jurisdiction because of the political question doctrine.t e m or where AndreaSheaKinaShowBioaTal kRadio-Jun09 Chaliceshow-BloaTaikRadio-Jul09 DrKateConstitutional RadioRloaTal~dio-Aua09 APX . That decision under the supremacy clause is binding on the entire nation. The issue of eligibility has come u p on at least seven occasions with regard to past Presidents and Presidential candidates.AD2d 525 [2d Dept 19981. Hart v Scott. Sec. He even cites and relies upon 3 U.Verv Good Video.C.S. 35 years of age or older. 56 Seconds Radio Interviews . or requirement that a candidate for federal office produce his or her original birth certlficate. the complaint must be dismissed for failure to state a cause of action. 525 US 953 [1998]). The court relies strictly upon the Electoral College and Congress t o decide whether incumbents are eligible for presidential office.How It Was Done Yideo .scri %~N~a~~~a~~or_n0/~E20/~8O0/~9D-Citizensh~w-Eliaib (as i l iI ty explain ~ ~ ~ $ . Euler Loaic Diaaram Analvsis of Natural o fBorn Citizenshio Te U. herein. courts have an obligation t o fully and in good faith search the complaint for a cause of action. As we have witness wlth the 2008 presidential election. But what is worse is that Judge Schack confounds and conflated candidates with incumbents. 8 AD3d 532 [2d Dept 20041) (all emphasis in the original). FAILURE TO PLEAD FRAUD WlTH PARTlCULARIlY Judge Schack found that Strunk's fraud claim also needed t o be dismissed because he did not plead wlth particularity that he relied upon any of the defendants' statement and did not plead that he suffered any pecuniary loss as a result of statement of any of the defendants.

Whether or not Obama is an Article I1 "natural born Citizen" citizen under the American common law standard that has been in place since the Founding is not a conspiracy theory or what Judge Schack pejoratively calls a "birther case. political haggling. Such vetting should start as soon as possible so as to avoid parties becoming entrenched in their selections and wanting to win at all costs at the expense of the people and thelr Constitution.Obama. Obarna can argue that the courts do not have jurisdiction to tell the Electoral College or Congress how to do their jobs. Strunk should not be made to challenge Obama's el~gibility only after the general election in November 2012.S. to allow an ineligible candidate to advance to the Electoral College or even to Congress in joint session only brings wlth it tremendous cost. While it could be argued that portions of Strunk's complaint (references to the Vatican. to have a role In presidential vetting.' (Neitzke v Williams. it is candidate Obama himself who wants to appear on the ballot. The CRS adds that "there is no specific federal agency or office that 'vets' candidates for federal office as to qualifications or eligibility prior to elections.s . Surely by requiring any such candidate to produce documentary evidence of his or her identity and place of birth is a first step in producing that needed informatlon which is so vltal to such a complicated investigation. the INS (immigration) file on Obama's father. and the Obama-Dunham divorce papers. Under the Constitution and state law. Those suspect factual allegations which he "weaves" into his complaint should therefore not trump the sound part of his complaint and be used as a . insults and ridicule. including those of the states. that Obama is not an Article I1 "natural born Citizen" as we shall see below is eminently reasonable." There are some factual allegations in Strunk's complaint that could raise some eyebrows. What better way than for the states to aid in this complex investigation of that person who should want to run for that most important office. Strunk does add some questionable factual allegations in his complaint about the defendants' religious motivations. he relies upon Obama's admlssion in his book. Hence. Dreams from My Father." Without any federal laws or guidelines on presidential vetting. As proof of this fact. It is best that presidential eligibility requirements are met prlor to the election of a candldate in order to avoid the prospect of Congress being asked and havlng to invalldate national election results. p. We can also understand Strunk's frustratlon and his naming defendants who he believes have allowed Obama to proceed unchallenged and others who he believes should be 'taking responsibility to enforce the law which has not been done" regarding the question of Obama's eligibility to be President. all at the expense of the Constitution. Roman Catholic Church. At that point. Plaintiffs should not be made to rely on the Electoral College or Congress for resolving their challenge to Obama's eligibllity to be elected President. the federal government has not precluded the states from doing so. BloaTalkRadio-Ian10 MommaeRadioRebelsBIoaTalkRadio-0609 MommaeRadioRebelsBioqTalkRadio-Jul09 Print Media Announcements and Advertorials . Alexander Hamilton explained that the President was a "person to whom so important a trust was to be confided. At that point. and Orchestrated C r ~ s ." Hence. the best time to resolve Strunk's ballot challenge is at the primary level." He said that because the President was "so an important agency In the administration of the government. He does express an "irrational anti-Catholic bias." He advocated that the Electoral College "will be most likely to possess the information and discernment requisite to so complicate an investigation.Rules for Radicals bv Saul Alinskv . What better way to secure liberty and support the Constitution than to allow all our political institutions. Furthermore.S. he has adequately pled in his complaint that Obama's father was not a U. ." the thrust of his legal argument. 319. While finding no problem with his service upon the other main i defendants. 2011. I n The Federalist No. Hence. citizen at the time of Obama's birth wherever that may be. Decislon and Order.t~e~ebyyt_oob~uscate~eereeaI means to create a circus-type atmosphere in the court and John Christian Rvter's Comem&lye Gulaa Bound Website He's Not Mv President Bioa. the alleged Certificate of Live Birth that Obama released via the internet on April 27. As to Strunk's factual allegations. Judge Schack looked to both the alleged facts and legal claims made by Strunk relative to the 'natural born Citizen" claim in order to determine whether his complaint was frivolous.The NBC m Investiaatina Obama World JustAfly Wordpress Biog NoBarack08's WebBiog Obama Citizenshio Facts Obama File Website Obama Release Your Records Bloq Obama Tirneline 1961-2009 One Nation Under Fraud Paiarnas TV Patriot Radio's Bioa bv Andrea Shea Kinq Post & Email Website Protect Our Liberty Safe Guard Our Constitution Stand UD America Bloq Tea Partv Patriots Terrible Truth APX . Judge Schack states that " '[a] complaint containing as i t does both factual allegations and legal conclusions. 68." But those questionable factual allegations regarding defendants' motivations are not relevant to the question of what is a 'natural born Citizen" and whether Obama meets that definition. is frivolous where It lacks an arguable basis' and 'embraces not only the inarguable legal conclusion. and finger pointing. Obama can argue that the public votes for electors and not him and therefore only the eligibllity of electors can be challenged.42 . service upon the other defendants is sufficient to give the court jurisdiction over his claims agalnst the other defendants which concern both Obama and McCain." "tumult and disorder" were to be avoided In selecting the President. At the primary level. Judge Schack found that Strunk did not properly serve Obama and McCain.born). The "natural born Citizen" issue is the heart and soul of Strunk's action. 490 U. it is the candidate who has to prove that the candidate is eligible to be placed on that primary ballot. THAT STRUNK'S COMPLAINT I S FRIVOLOUS Judge Schack found that Strunk's claim that Obama is not a "natural born Citizen" is frivolous. The states therefore serve a vital role in the beginning stages of the vetting of any presidential candidate.Bible' for Political Action for Social Chanae by 'Rub Raw' Aaitation of the Community American Thinker Website Atlas S h r u g Before It's News Birther Summit Bjrthers Webslte Canada Free Press Citizen Wells Bioq rloward-Piven Strateav of Manufactured . but also the fanciful factual allegation. embarrassment for both political parties. and the Society of Jesus and inclusion of a long list of defendants) rise to the level of the "irrational. Judge Schack found that the court has no jurisdlctlon because Strunk did not properly serve Dr Kate's View Blog Drudae ReD0rt Flovd ReporE Give Us Liberty i Obama and McCain. How to Helw Place More Print Media Insertions Advertisins Archives .See prior ads Some Informative Websites & Forums : i Alinskv . The court did not find that Obama and McCain were indispensable parties and that the action could not proceed without their presence in the action. 325 [1989]). 20 (Strunk speaking at oral arguments).

President Chester A. Obama & Congress lawsuit. ' . President James Buchanan's father was born in County Donegal.. or of the press. This assertion is as frivolous as the multitude of alleged allegations outlined above. we have to look at each and every word of the clause which includes "natural" and define that word. . Hence. soll. defamatory statements.the Obama Article I1 natural born Citizen eligibility issue and the historic Kerchner vs.43 ." Please keep in mind thls is a moderated blog. Presldent Woodrow Wilson's mother was born in Carlisle. nor does i t appear anywhere else in the document.S.Y.S.I. Strunk argued that a "natural born Cltizen" is a child born in the United States to "citizen" parents. and. There is no arguable legal basis for the proposition that both parents of the President must have been born on U. Please try to stay on topic. No U. Section 1 . The main focus of this blog -. free speech zone like a soap box in a public square. Hence. Supreme Court case law show to be a child born in the country to parents who are citizens of that country. England.- " " -' . the clause is a unitary phrase with a unitary meaning. Supreme Court case or Justice has adopted such a manufactured j definition or even said that such a meaning prevailed at the time of the Founding. On the contrary. But Strunk did not argue that a "natural born Citizen" child has to be born to "two United States born parents" or that 'both parents. 815 (1971) tell us that persons may be "naturalized" from the moment of birth. Y. Strunk correctly argues that "born Citizen" is not the same as "natural born Cltizen. 88 US 162. 1 65). He stated: Plaintiff STRUNK'S complaint. soll. see Charles Gordon." Even Wong Kim Ark and Rogers v. I n that analysis. This definition is exactly what our Unlted States Supreme Court in Minor v. ." that the Framers just threw that word In as surplusage.--e.- I ." which definition as we can see below is adequately shown to exist by the historical record and case law of our United States Supreme Court. Fox News Is Soreadina False Information on the M e a .. This is akin to a court setting and is not a wide open say anything you want. No legal authority has ever stated that the natural born cltizen clause means what plaintiff STRUNK claims i t states. . We cannot simply proclaim without evidence that the meaning of that idiom equates to the manner in which Congress and the Fourteenth Amendment allows persons to acquire the status of a "citizen of the United States" as of the moment of birth. Clause 5 does not state this. for if such an Interpretation were correct the Framers would simply have said "born Cltlzen. a 'natural born Citizen" is neither created by the Constitution nor depended upon it.. .-. Rather what needs to be done is to search for the meaning of the whole clause and not its parts. or the right of the people to assemble.S. advertising links. or even potentially misleading to others (the jury of public opinion reading this blog) as to the true facts. I specifics as to my planned tactics or am the Judge In thls blog strategies. Rather. 'The phrase 'natural born Citlzen' is not defined in the Constitution. Arthur's father was born in what is now Northern Ireland. repetltive. . . ." The fact that the Framers included the word "natural" as an additional qualifier tells us that quite plainly.S.. I f you want that type of forum you will have to go elsewhere." Judge Schack did not Terrv Lakin Action Fund The Daily Caller The Dailv Pen Trevor Loudon New Zeal Blog Western Center for Journalism Whv Obarna Will Not S + wHis Real Birth Certificate World Net Daily Website The Rules ' correctly state Strunk's legal position and by doing so actually created a straw man . Plaintiff STRUNK and his fellow "birthers" might not realize that both parents of President Andrew Jackson were born In what Is now Northern Ireland. Happersett in 1875 and Wong Kim Ark in 1898 confiimedisthe correct American common 7 May (2) The New York State Court Should Not Sanction Pro S. President Herbert Hoover's mother was born in Norwich. Unsubstantiated statements which are determined to be false and misleading.. " L y " ' p ' - y'. . W."" ""-".S. ." """ -. Inappropriate links. Rather. . argument. Plaintiff STRUNK cannot wish into existence an interpretation that he chooses for the natural born citizen clause.. .-Y. Thank you. we cannot simply take that idiom and say that It means some other manufactured definition of the clause. That i someone acquires his or her cltlzenship from the moment of birth simply does not equate to that person belng a "natural born Citizen. Who Can Be President a/the Unlted States: An ." would be saying that we do not need to consider and define "natural.. and/or off topic comments will llkely not be also will not discuss In public posted. We accept that "naturalized" person are not "natural born Citizens. neither Fourteenth Amendment nor its debates on who shall be a "citizen of the United States" does not control who shall be "natural born Citizens.. APX . My rulings on the acceptance or rejection of a comment are final. argumentative. . etc. Despite plaintiRs assertions. By using "born Citizen" rather than "natural born Citlzen." This argument Is strictly a creation of Judge Schack." The clause as a whole is a word of art. Constltutlon requires a natural born citizen to have been born on United States soll and have two United States born parents. Indeed." The first step in constitutional interpretation Is textual analysis of the clause in question. President OBAMA is the sixth U. see Minor v Happersett. Keep your comments and questions in this blog's threads serious and focused on the subject and merits of this post. blog scrolling.. The historical record shows that it has always been used as such and that it has never been used in some expanded way as 'born Citizen" suggests. 28 Md. Canada. personal ad hominem attacks. . disinformation campaigns. As to Strunk's legal arguments as to what is a "natural born Citizen. I and will rule on the merits. i t may be several hours to 24 hours some days before your comment is reviewed and accepted and/or answered. 167 [1875]). 5 (1968). THE RULES: This blog does not advocate resort to any violence in order to bring about political change. must have been born on U. Blog Archive 7 2012 (13) i . Moreover. an idiom. "natural born Citizen. L. Bellei." Furthermore. Article 1 1 ." (Hollander v McCain at Unresolved Enigma. u . . President to have had one or both of his parents not born on U. and to petition the Government for a redress of grievances. Please note that your comments will not appear immediately as Ihave to review them am busy working on various first. of all comments.S.. 401 i U. I n this textual analysis. -". worthiness. that Wong Kim Ark included the clause "natural born subject'' in the context of its discussion of what is i a Fourteenth Amendment "citizen of the United States" does not through some amazlng feat . S. simply having a status of a "citizen" from the moment of birth does not necessarily equate to one being a "natural born Citlzen. criticlsm or lobbying efforts for other attorneys and/or their cases. the word "natural" is part and parcel of the full clause. materiality.S. "natural" cannot be separated from the clause.. any person that is a "born Citizen" who claims to be a "natural born Cltlzen" stlll has to show that he or she satisfies the Idiomatic meaning of the clause which the historical record and U.-." As Minor aptly I explained. of logic convert a "citizen of the Unlted States" into a 'natural born Citizen." So.. what we advocate is resort to zealous use of one's First Amendment right to "freedom of speech. --. Ontario.W . anytime you want. alleges that the correct interpretation of the natural born citizen clause of the U. As I cases with my law practice. as well as his oppositlon to defendants' motions to dismiss. " argument that he makes which is that Obama does not meet the status quo American common law definition of a 'natural born Citizen. soil." ' Hence. Rev. Ireland.

Clause 5 and his definition of a soil. No. 169 U.S. A-'.' . a chlld born in the Unlted States to domlclied alien parents was a Fourteenth Amendment 'citizen of the United States"). *-w-. et al. 393 (1857). Rusk.S...S. not having yet passed on the argument that Strunk made.CLICK HERE T Wed Thu Blog Patrol FEEDJIT Live Traffic Feed - - -- - - APX . Both those U. I t was also again confirmed by Inglis v. Regarding the cltizenshlp status of the parents of a "natural born Citizen.S." Hence. Happersett. 112 U. S. other than Chester A."L. the same original definition of a "natural born Citizen" was agaln expressly conflrmed by the whole U. 88 U. I.. I .S.-"YV -. what Strunk argued is that a child needs to be born in the country to parents who are both either "natural born Citlzens" or 'citizens of the United States" by naturalization at birth or after birth. 242. Wong Kim Ark. ' A . 60 U. Members (150) Already a member? Live Weather : .. He did not argue that the parents needed to be born cltlzens or born on the soil of the United States. he surely cannot reasonably conclude that Strunk's argument Is frivolous. Ihave shown that the original American "common-law" deflnltlon of a "natural born Cltlzen" was not changed by either the Fourteenth Amendment or Wong Kim Ark. George Tucker. this same definltlon was impllcitly confirmed by Slaughter-House Cases. 28 U..S.--. It was again confirmed by Justice Daniels In Dred Scott v. . . not even by the Fourteenth Amendment (only uses the clause "citizen of the United States" and does not mention "natural born Citlzen") or Wong Kim Ark. 20 F. -.S. Judge Schack has not decided the merits of the legal argument that Strunk made concernlng what is a 'natural born Citizen. 94 (1884)..D.S. Hence. 1890). 325 (1939) and Schneider v. this is the most natural interpretation of the clause. .- " " I . citizens also. Emer de Vattel. 83 U. Elk v. in Tennessee. 649 (1898) (acknowledging and confirming Minor's American common law definltion of a "natural-born citizen" but adding based on the English common law that since "[tlhe child of an alien.C. -. see Minor v. . as distinguished from aliens or foreigners"). law definition of a "natural born Citizen. Ward.y" 'y-"". the motivating spirit of the American Revolution.W." 'It is clear that the stated federal issue of President Obama's qualifications for the office are 'actually dlsputed and substantial. I 1 U I I 1 1 " . Arthur who like Obama cannot benefit from Article 11's grandfather clause and was not born to cltlzen parents.. 99 (1830) and Shanks v.-"-.719 (C.S.LA-. Elg. qualified to be President. the enlightened intellectual mindset of the Founding period which focused on natural law and the law of nations as commented upon by Cicero. David Ramsay..S. W April (4) b March (2) b February (2) b January (3) Followers Join this site uilh GOOgle Friend Connect 8 we. Supreme Court in Minor and Wong Kim Ark." Liberty Legal Foundation et al v. 12-2143-STA. < . and James Wllson defined American citizenship. is as much a citizen as the natural-born child of a citizen. upon thelr birth. 163 (1964). 394.. ." "The issue of whether President Obama Is constitutionally qualified to run for the Presidency is certainly substantlal.S.. Hence.D. . What Minor said about a "natural born Citlzen" was confirmed in U S .Vb"yV""""' -" . 377 U." edil WEATHER ALERT!.c Given the meaning of the clause since time immemorial." "substantlal.' . is important and not trivial.320 (C." for under his interpretation of the Artlcle 1 1 . 245 (1830). 36 (1872).YU .. . 289 (1814) (Chief Justice John Marshall dissenting and concurring for other reasons).-. " . and by operation of the same principle [birth in the country]"' (bracketed information supplied). U. (8 Cranch) 253.S. John Locke. These were natives or natural-born citizens. So we can see that the federal court found the Issue of whether Obama is a 'natural born Citizen" to be "important and not trivial.S. Congressional acts on naturalization. 12 U. the meanlng of the phrase 'natural born citlzen' as a qualification for the Presidency set out in Artlcle I1 of the Constitution." those presidents. the Founders and Framers desire to preserve the constitutional republic for Posterity." but rather a legal argument that he himself created regarding that clause. v. Section 1 "natural born Citizen. 11. "-. 582.. the way that founding -era legal scholars such as Chlef Justice John Marshall. Pufendorf. 1 Y W ." the Constitutlon and Congressional Acts clearly and without question show that a "citizen" may be one either by being "natural born" or naturalized either at birth or after birth. which only deal with a "citizen of the United States'' and not a "natural born Citizen. St. and the historical record as a whole. Case No.S. 307 U. . Finally.- * . if born in the country. Supreme Court case law. Supreme Court as early as 1814 in The Venus.. .S. This American common law definition of a "natural born Citizen" has also been recognized and accepted by a Founder and member of our U.C. Burlamaqui. 5 Dill. (21 Wall. I .44 . Perkins v. and therefore stlll prevails today. 28 U. Rousseau. the Federal District Court just recently stated: "The Court finds that the federal question presented. Supreme Court cases define a "natural born Citizen" as a child born in a country to parents who are cltlzens of that country. and a lower federal court in Ex parte Reynolds. 42 F.. Wilkins. Presldent to have had one or both of his parents not born on U.S. So i t is totally Irrelevant to Strunk's claim that "Obama is the sixth U.) 162 (1875) (decided after the Fourteenth Amendment was adopted In 1868 and holding that "all children born in a country of parents who were its citizens became themselves..Ark 1879) and United States v.Cas. Furthermore. Sailors' Snug Harbor. None of the legal actions filed against Obama on his eligibility have made such an argument and neither did Strunk.--. This American common law definltlon of a "natural born Citizen" has never been changed." For this time-honored natural law/law of nations/American "common-law" definition of a "natural born Cltizen". National Democratic Party of the USA.- . Dupont. Y--". Inc." and 'disputed. Sandford..Cal.'" 'It is also clear that there wlll be a legal dispute over the Constitution's definition of 'natural born citizen' and the Supreme Court's decision i n Minor.

but would do a great disservice to our system of justice and republican form of government. All this also shows that it is not true that Strunk's complaint presents no legitimate basis In law or fact which warrants sanctions. the Court did not say that these grounds of dismissal support the Court's finding that the action is frivolous. Hence. I f that were a valid reason for disagreeing with Enigma. Live Traftic Feed P 2-<-~ee your visitors in RealTime! Get the Free Live Traffic Feed Get Feediit Now! A visitor from United States viewed "Natural Born Citizen . 28 Md. the Constltution is not a dictionary of legal terms. all this shows that Strunk did allege a particular cause of action and gave suMclent notice of both the facts and the law that support his cause of action. our nation has arrived at a meanlng of the clause by looking outside the Constitution." Surely.com/ ol #### A visitor from Knoxville. Tompkins County 1983). whether Obama Is a "natural born Citizen" is not some conspiracy or 'lunatlc fringe" argument." The public will therefore not only be made to think that there is no legitimate basis in filing any such legal actions against Mr. the Fourteenth Amendment does not tell us what "subject to the jurisdlction" means. New York State Bar Association. Florida viewed "Natural Born Citizen A Place to Ask Ouestions . Strunk was sanctioned by the "Supreme Court of the State of New York" because he filed a complaint In a court of law claiming that Mr. 2012 h t t ~ : / / ~ u z. But Judge Schack's references to " 'blrther' cases" ' 'birther' action. the Supreme Court of the State of New York should not sanction or otherwise discipline prose litigant. Strunk. for His "Natural Bonl Citizen" Litiscation" 11 secs ago A visitor from Payson. and when not possible. On the contrary. Judge Schack states in his opinion that sanctions of the court are designed to punish in the present so as to deter what the court deems unacceptable behavior in the future. from sources outside the Constitution. Who can be President of the United States: An Unresolved . Even assuming arguendo that the Court is correct about standing. 1 someone's definition of a constitutional clause." He offers no other authorities showing that Strunk is wrong. For these reasons. The court adds that such a policy is justified in that it works to save judicial resources. not knowing the full details of this matter and after having been bombarded by manipulated and propagandist use of the court's sanction decision by Obama's supporters." ' : 'birther' movement." As Ihave shown." "his fellow 'birthers. It is. Arizona viewed "Natural Born Citizen . It is a quick way to dismiss through ridicule and ad hominem attack any argument that is made that Obama is not an Article I1 'natural born Citizen. will come away with the thought that Mr. 120 Misc. McCain at 65" which cited Minor and Charles Gordon. Obama. for His "Natural Born Citizen" Litimtion" 3 mins ago As Judge Schack correctly states. the public. Chris Shrunk. Tennessee viewed "Natural Born Citizen A Place to Ask Ouestions and Get the Ri&t Answers" 5 mins ago A visitor from Milwaukee. Christopher Earl Strunk.Rev.bloospot. citing "Hollander v." Muka v. Its meaning has to be gleaned from its text. Additionally. jurisdiction. and should discharge its show cause order. Christopher Earl Strunk.A Place to Ask Ouestions and Get the Rieht Answers: The New York State Court Should Not Sauction Pro Se Plaintiff.. Esq.l Y d a - - . a legitimate and substantlal constitutional issue which to date has escaped belng address in any meaningful way. Yet.A Place to Ask Questions and Get the Right Answers: The New York State Court Should Not Sanction Pro Se Plaintiff. Judge Schack disagrees with Strunk's definition of a "natural born Cltizen. we can easily see the chilling effect that the Court's sanctlon will have to not only people resorting to our court's In search of what they deem to be justice.. All Rights Resewed Posted by Puzol at 1 : 0 6 Labels: Baraclc. Esq. we should know that Charles Gordon In the very same article cited by Judge Schack states that neither the Fourteenth Amendment nor Wong Kim Ark's holding defined a "natural born Cltizen. for the Court to sanction Mr. but also that if anyone so dare. Copyright O 2012 Mario Apuzzo. .A Place to Ask Ouestions and Get i d 1 1 Answers: The the R New York State Court Should Not Sanction Pro Se Plaintiff. Strunk under the existing circumstances would not only save judlcial resources by preventing him from filing further Article I1 eliglbillty actions in New York in the future. Rather. because we follow the doctrine of stare decisis (to abide by or adhere to decided cases). and collateral estoppel. the Court's finding of frivolous concerns Strunk's definition of a "natural born Citizen. "Birther" is a pejorative term that Is used by Obama's supporters. : but also stifling the free exercise of political speech and discourse in all corners of America. L. as even the federal court in Tennessee has confirmed. "all litigants have a right to impartial and considered justice.A Place to Ask Ouestions and Get the Riqht Answers" 7 mins ago A visitor from Fort Myers." Ihave shown that hls definition is more than reasonable to raise a genuine constitutional question. we basically would have virtually no Interpretation of the Constitution at all. Obama is not an Artlcle I1 "natural born Citizen. : This is especially grave given that Mr. ." although as Ihave shown above he states a definition which Strunk did not put forth. there are also public policy reasons for not doing so. 2d 897 (Sup. - - . That the Constitution does not define a "natural born Citizen" is the only argument that Judge Schack makes to discount Strunk's position as to what is the meaning of a "natural born Citizen. Hence. . he or she will be severely sanctioned by our courts. other courts wlll be pressured to do the same should anyone file i any such action. 5 (1968). Rather. Ct. Florida viewed "Natural Born Citizen . Christopher Earl Strunk. For example. : Apart that there is no factual or legal basis for the Court to sanction Mr. As is often said."' is hardly any show of actually receiving that "impartial and considered" justice.A Place to Ask Questions and Get the Rieht Answers: The New York State Court Should Not Sanction Pro S e Plaintiff. . May 6.! t Additionally. With any such sanction. Also. Mario Apuzzo. Texas viewed "Natural Born Citizen . Christovher Earl Strunk for His "Natural Born Citizen" Litigation" 0 sees ago A visitor from E l Paso. Wisconsin viewed "Natural Born Citizen . because the Constitution does not define the clause. . for His "Natural Born Citizen" Litimtion" 3 mins ago A visitor from Auburndale.ChmbQherE. his complaint is not frivolous. 5 - .-. if possible. Obama is now being more carefully publicly and i privately vetted for his re-election.

those who were not natural born Citizens.. "Likewise. a natural born Citizen is described as a "creature of their own''. 146 US 1 Included in the category of those ineligible persons listed in A2 are: 1)"but no Senator or Representative."(A2Slc2) 2)"No Person except a natural born Citizen. 146 US 1 1 i n F e Z r t k t #68. of a British subject father.the legislature in joint convention." . I f the states must not pick officers of state and federal government as electors on It's ballot. and its validity was sustained" . 98. who held foreign citizenship at least until age 23. / APX - 46 . . Biacker (1892). at the time of theAdoption of this Constitution. 460 U." (A2SlC5) This was a case about the States' power to legislate their statutory scheme of choosing electors. But the court certainly would not say to pay attention to the exclusion of 1group and not the others pertaining to A2 in Presidential elections--. or. who was never a US Citizen? Could the most provident and judicious method of choosing a "creature of their own" in order to avoid foreign influence. we were to guard against "an improper ascendant". Gore. Blacker clearly says that: "It is argued that the subject-matter of the controversy is not of judicialcognizance. But the judicial power of the United States extends to ail cases in law orequity arising under the constitution and laws of the United States. shall be appointed an Elector. state-imposed restrictions implicate a uniquely important national interest. as the state board of canvassers. finally. which is required to be the same daythroughout the United States. slnce the validity of the state law was drawn in questionas repugnant to such constitution and laws.12 comments: M~ck said..S. so # 1 applies. or Person holding an Office of Trustor Profit under the United States. so framed that congressional and federal influence might be excluded. in McPherson v. To guard against the choosing of one not a "creature of their own". Could a "creature of their own be the scion of a foreigner. that the State election officials have to do ministerial duty w/ discretion to A2 in Presidential elections: "Congress is empowered to determine the time of choosing the electors and the day on which they are to give their votes. 35 (1892) McPherson v. 531 U. according to the 1813 and 1828 Webster's Dictionary. So says the SCOTUS. I Mav6. then it surely cannot pick those who are NOT natural born Citizens to be on the ballot. be the choosing of one born Brltish. is "an improper ANCESTOR". according to Federalist #68 was the prevention of foreign influence. and possibly is still a British subject today? Barack Obama Sr. : 9The SCOTUS has said. that the court has nopower finally to dispose of them. but otherwise the power and jurisdiction of the state Is exclusive. The purpose of choosing a "Creature of their own". or a Citizen of the United States. is AN IMPROPER ANCESTOR." Bush v.794795 (1983) (footnoteomitted). Biacker. because it is said that all questions connected with the electionof a presidential elector are political in their nature. shall be eligible to the Office of President. we said: "[Iln the context of a Presidential election. thecongress.. and that its decision would be subject toreview by political officers and agencies.. S. I woud like to call the court to give my opinion on this totatly unconstitutional decision that the court made what is the phone number??j~hank you Leslie . and the governor.. with the exception of the provisions as to the number of electors and the ineligibility of certain persons. 23 (1892). Blacker. and thisis a case so arising. in Anderson v Celebrezze. 112 Also McPherson v. An "improper ascendant". 780.Mav_6LL012 2:07 PM lsimrn48 said ... . McPherson v. For the Presidentand the Vice President of the United States are the only elected officials whorepresent ail the voters in the Nation.2012 3:58 PY a said.

You argument that "natural born citizen" requires two parents isn't accepted by the courts through their interpretation of common law. statute. unfortunately. or -.. Obviously these various judges know from experience what they can get away with and probably laugh about it among those who know the score. bdwilcox said. @Andy The highest court in the land DOES agree.Puzol: A solid analysis from top to bottom and it. There are really only two options here: Either: 1) The entire US Judiciary is wrong 2) You are wrong. and precedent. This is the court of publlc opinion. They destroy lives...information and actually have been shown to warp and misquote some learned writings to try to prove the opposite of what they actually say. Minor v Happersett "it was never doubted that all children born in'a country of parents who were its citizens became themselves. These were natives. Iwould hope there were some attorneys in New York who would come forth and assist this person who is attempting to do his duty as a good citlzen.. perhaps.47 . I can not think of one profession that has not given Its soul to the devil so to speak.. . Which is most likely? 8:06 PM Puml said. upon their birth. the pertinent precedents and laws involved and THEN make a reasoned ruling citing all polnts of fact and law considered and which back the opinion issued.. . At least the Europeans are now starting to fight back.and dis. Are we In that situation that other nations have found themselves where only after it is way too late people finally wake up? && said. etc) but instead to massively flawed and falacious arguments put forth by the court itself in earlier cases as an excuse to rid Itself of a case i t views as politically charged or harmful of it's preferred "politician du jour". There is abundant evidence of this just as there is in the Obama matter--but the powers Ignore It and protect their money and status. The judiciary is just one of the many corrupted institutions in America. Andy. shows how the pro-Obama portion of the Judcial Branch takes grave and unjustified license in re-stating (or actually mis-stating) things that were said in the action. Or is it. Make your case here. Would it not be more correct and more helpful to jurisprudence to take these actions seriously.. As as a psychotherapist Ihave to deal with the psychiatric drug scandal. The drugs prevent the person from ever recovering. 15 PM lustin said. We are not In a law court here. You know things are bad when judges blatantly make **** up to threaten people. WKA. I n other words. perhaps? Unknown said . where the courts have told us the issue of Obama's eligibility belongs. review the evidence. that stare decises applies rather than to SCOTUS precedents (Minor.- - - APX . Stare decises based upon clear lies and/or fraud.. Several courts have used the hugely flawed CRS Memo(s) by Maskell that are fllled with mis. hear the cases on merit rather than dismiss by saying (in effect) "no one else has ever found anything wrong in court so we can't either". citizens also.

They said the Constitution means such and such.." Mav 7.. 'Oh yes. The road is not that complicated. 2005." Mav 2 . you lose. as distinguished from aliens or foreigners. the Constitutlon didn't used to mean that. ! "You argument that "natural born citizen" requires two parents isn't accepted by the courts through their interpretation of common law. But the difference is that prior to the last 50 years or so. 2012 12:04 AM &K& said. 2012 1 2 : O O AM MichaelN said. and we will have willful judges until the end of time. We had willful judges then. in asserting that originalism used to be orthodoxy.. 2012 3:31 AM 1 Post a Comment Links t o this post Create a Link Home Subscribe to: Post Comments (Atom) Older Post APX - 48 . And the judge can simply say. explain how come the Minor court recognized and acknowledged doubts as to whether a native-born child.. was even a citizen.." judges did their distortlons the good old fashioned way. And by logic. and precedent.they lied about It. D. but i t does now.." We are In the age in which not only judges... prior to the advent of the "Living Constitution. ! Well. because we are in the era of the evolving Constitution. when It never meant such and such. Justice Antonin Scalia delivered the following remarks at the Woodrow Wilson International Center for Scholars in Washington. given i t were true that the Minor court was referring to the Engllsh "common law" in the paragraph of text these doubts were mentioned. born to alien parents. i Mario: I just did. I "Now." You don't have to be a lawyer to understand it." You know.natural-born citizens.. and they recite very proudly what they have been taught: "The Constitutlon is a living document. not only lawyers. let me first tell you how we got to the "Living Constltution. statute. Initially. but even school children have come to learn the Constitution changes. 6 MichaelN said." Then. on March 14. It's a big difference that you now no longer have to lie about It.. @ Andy who said . of course they did..C. and also given that English common law maintained that native-birth sufficed to make a "natural born subject" and given also that "citizen" and "subject" were considered to be analogous??? Mav 7. the Court began giving terms in the text of the Constitution a meaning they didn't have when they were adopted. I I I i 1 1 I have grammar school students come into the Court now and then. it morphs. the honest way . Mav 7. Ido not mean to imply that judges did not distort the Constitution now and then..

TO: 2012 B I L L VAN ALLEN 845-389-4366 BILL FOR STENOGRAPHIC SERVICES I N THE MATTER OF: STRUNK-V-NYS BOARD OF ELECTIONS xnd. Part: D a t e o f proceedings: 2012 (origi nal & C o u r t Copy) ( E x p e d i ted) ( D o u b l e .80 = $106.49 .Room 677 B r o o k l y n . New Y o r k 11201 offi c i a1 court 347-296-1413 May 9. Kings county 360 dams S t r e e t .40 TOTAL AMOUNT DUE: FOR YOU $106.s i ded order) 28 pages @ $3. B e f o r e : HON.I I N V O I C E DIANE DIXON Reporter Supreme C o u r t . Number: 6500/11 May 7.40 t PROMPT PAYMENT offi c i a1 court D I A N ~ DIXON Reporter APX .

PETER G. a . OBAMA FOR AMERICA. 2 0 1 2 B E F O R E : HONORABLE ARTHUR M.SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS: C I V I L TERM : PART 27 I CHRISTOPHER-EARL STRUIK. 3 . THE SOCIALIST WORKERS PARTY. O'HARE. OBAMA VICTORY ) FUND. WALSH/CO-CHAIR. Justice A P P E A R A N c E s : (see next page. BIDEN. STATE ) COMMITTEE O F THE CONSERVATIVE PARTY OF 3 NEW YORK STATE.k. JOSEPH A. a B a r a c k H u s s e i n Obama. PETERSEN. ~ ~ L ~ N E R / c o . MCCAIN VICTORY 2008. k .New Y o r k May 7. S. VALENTINE.) 11201 - APX . SCHWARZ. RUTH NOEMI COLON.I 1 DEMOCRATIC STATE COMMITTEE OF THE STATE ) OF NEW YORK. M A ~ KBRZEZINSKI . ) JOHN A. ) I n d e x Number ) 6500/11 JOSEPH P. ERIC SCHNEIDERMAN. STANLY ZALEN. D e p u t y D i r e c t o r . 1 \ i n t h e i r o f f i c i a l and i n d i v i d u a l capacity.) L I C A N STATE COMMITTEE. 1 1 i - against - 1 j 1 > NEW YORK STATE BOARD OF ELECTIONS. ANDREW CUOMO. BRZEZINSKI. AQUILA/ commi s s i o n e r . 1 1 1 . JOHN AND JANE DOES. 1 1 ) ) I /' Fr.O. F r .J. PARKES.. MCCAIN-PALIN ) VICTORY 2 0 0 8 . THE NEW YORK STATE ) COMMITTEE OF THE INDEPENDENCE PARTY. JOHN SIDNEY McCALN. ZBIGNIEW ) E l e c t i o n H e a r i n g K A I M I E R Z BRZEZINSKI .50 . 3 . FREDERICK A. GREGORY P PETERSON/ c o m m i s s i o n e r . JAMES A. ) I A N 3 . D e p u t y D i r e c t o r . and XYZ ) ENTITIES. TODD D. 5 . X PI a i n t i ff.c h a j EVELYN r. DINAPOLI. NANCY P E L O S . SOEBARKAH (a. THE NEW YORK STATE REPUB. SCHACK. BOEHNER. JR. DOUGLAS A.. 1 JOSEPH R.k. STATE COMMIlTEE OF THE WORK) ING F A M I L I E S PARTY OF NEW YORK STATE. ) a. ..a steve Dunham). GEORGE ) SOROS.a 1 B a r r y S o e t o r o . 3R.. i n esse. THOMAS P. PRITZKER. 1 ROGER CALERO. 1 1 1 x K i n g s s u p r e m e court 360 Adams S t r e e t ~ r o o k l y n . PENNY S.

3 9 5 4 By: ERIKA H. D c 2 0 0 0 5 By: TODD E. L L P 425 ~ e x i n g t o n Avenue New Y o r k . N a n c y P e l o s i . J o s e p h B i d e n .51 - _ .S e v e n t h F l o o r New Y o r k . New Y o r k 1 1 5 5 3 By: K E I T H M. A t t o r n e y s f o r Sen. NW CAPLIN & DRYSDALE w a s h i ngton . ESQ. A t t o r n e y s f o r Defendant George Soros: - S u i t e 1100 ESQ. B a r a c h Obama. V i c e P r e s . A t t o r n e y s F o r D e f e n d a n t G r e g o r y G. and P e n n y S. New Y o r k 1 0 0 1 7 .) APX . BURK.0 1 0 6 By: 'MARSHALL B E I L . . P H I L L I P S . New Y o r k 1 0 1 0 5 . Peterson: SIMPSON THACHER & BARTLETT. John McCain Defendants and V i c t o r y 2008: one Thomas c i r c l e . Attorneys f o r D e f e n d a n t s P r e s . CORBETT. and I a n B r z e z i n s k i : MCGUIRE WOODS.New Y o r k 10019-6099 By: T E R I SEIGAL.A P P E A R A N C E S : Attorney f o r ~l a i n t i ff: ( P r o se) A t t o r n e y s f o r Defendants zbigniew. Mark. P r i t z k e r : HARRIS BEACH. PLLC 333 E a r l e O v i n g t o n ~ l v d . ESQ. L L P 1345 Avenue o f the A m e r i c a s . L L P 787 s e v e n t h A v e n u e New ~ o r k . S u i t e 901 uniondale. obama f o r A m e r i c a . ESQ. W I L L K I E FARR & GALLAGHER. ESQ. Rep. obama V i c t o r y F u n d . ( ~ p p e a r a n c e s c o n t ' d n e x r page.

and ~ u t h Noerni Colon: STATE OF NEW YORK o f f i c e o f t h e Attorney General 120 roadway New vork. By: Attorneys N e w York 10271-0332 30EL GRABER. Parks. DIANE DIXON. New York 10007-2601 BY: CHLARENS ORSLAND. fomrni ssioner o f s t a t e Board o f E l e c t i o n s and several s t a t e Board o f f i c e r s . C o n t r o l l e r . J r . o f f i cia1 . BOUDIN.S u i t e 1700 New York. RMR c o u r t Reporter. STANDARD. Thomas D i ~ a p o l i . Attorney General. N e w York 10006-3791 By: DANIEL S. CSR. s e c r e t a r y o f state. P. and A. O'Hare. ACC Attorneys f o r Governor. REICH. : N E W YORK CITY L A W DEPARTMENT o f f i c e o f t h e Corporation counsel 100 church S t r e e t New York.C. AAG Roger ca1e r o : f o r ~ e f e n d a n t sS o c i a l i s t workers P a r t y and RABINOWITZ.O. KRINSKY & LIEBERMAN. RPR. Schwarz.. ESQ.A P P E AR A N C E S : (Cont'd) A. 45 roadway . Attorneys f o r ~ e f e n d a n t s~ o s e p h ~ o s e p hP.

why don't you hand i t t o t h e o f f i c e r ? ~ n 1 d' m l o o k i n g a t a copy from t h e s t a t e r e p o r t e r o f t h i s p a r t i c u l a r action. ~ e i t h Corbett. BEIL: ~ a r s h a 1 7~ e 1. c o r b e t t . Law o f f i c e o f H a r r i s Beach. . MR. P r i tzker. THE COURT: represent Sen. caplin & Drysdal e . the Obama ca. and w e represent Pres. Barach obama. So you are here M r . here. Mark Brzezi nski . a f f i davi t / a f f i rmation o f service i n connection w i t h the c o u r t ' s request f o r a d e t a i l e d statement o f services. MR. and w e ' l l g e t t o you i n a moment.proceedi ng A-F-T-E-R-N-0-0-N THE 4 S-E-S-S-I-0-N COURT: Let m e f i g u r e o u t who we have we have M r . strunk today an . McCain and t h e others. MR. i n no p a r t i c u l a r order. Obama For ~ m e r represent Nancy Pelosi and a l s o Penny S . and I served on M r . PHILLIPS: correcr. v i c e Pres. and I a n Brzezinski. I can hand t h a t up t o t h e Court.i I represent z b i g n i ew Brzezinski . strunk. i as we1 1 as we v i c t o r y Fund. P H I L L I P S : odd YOU phi ] l i p s . CORBETT: Your Honor. 3oseph Biden. V i c t o r y 2008. r i g h t ? MR. THE COURT: That would be appreciated.

and I did -THE COURT: L e t me j u s t f i n d where simpson ~ h a c h e ri s here. do you want t o submit anything t o the c o u r t ? MR. Corbett. MS. BURK: Excuse me. PHILLIPS: NO. I represent defendant George Soros. SEIGAL: Your Honor. P h i l l i p s . I did b r i n g a copy. THE COURT: Mr. W i 1 f k i e Farr & Gallagher. THE COURT: You're going t o seek costs? MR. we are a w a i t i n g c l a r i f i c a t i o n from our c l i e n t s t o see t h a t they are going t o go forward and want t o submit any document.Peterson. PHILLIPS: I do not have authorization. CORBETT: ~t t h i s time. T e r i Sei gal. ORSLAND: chlarens Orsland. your Honor. THE COURT: YOU can hand t h a t up. Simpson Thacher & ~artlett. Gregory. Todd Phi 11i ps THE COURT: S .Proceeding McCai n . PHILLIPS: THE COURT: Yes. You were admitted pro hac vice? MR. W e represent M r . do you have any b i l l s o r records t h a t you want t o submit a t t h i s time? MR. MR. M r . MS. t h e campaign . your Honor. w e do not. MS. B U R K ~ E r i k a Burk.

submi s s i on. not t h e i n d i v i d u a l s . Attorney General? Assistant Attorney General. 6 w e appreciate t h e o f f e r . land i Ms. we represent t h e o f f i c e r s . MR. I believe ~i~apo . GRABER: I . Colon i s s t i l l Secretary o f state. your Honor. the Commissioner o f State Board o f Elections and several o f f i c e r s o f the s t a t e Board. represent t h e governor. THE COURT: Mr. Mr. ~twas handed up t o me.Proceedi ng Finance Board defendants. GRABER: THE COURT: Joel Graber. It was clocked i n on APX - 55 . strunk i n t h i s matter. the C o n t r o l l e r . and Attorney General i s also a named defendant. MR. ' GRABER: Because they-' r e a l l sued i n the o f f i c i a l capacity. THE COURT: YOU represent various i n d i v i d u a l defendants who are i n d i v i d u a l o f f i c e r holders o f t h e State o f New York. As I stated l a s t October. w e decline t o request costs f o r M r . The Attorney General does have a You want t o hand t h a t to strunk i f he hasn't received i t . MR. and t o t h e officer? hank you. your Honor. t h e Secretary o f State.

~ 1 r 1 i g h t . right? (NO verbal response .~ a r l strunk. STRUNK: Correct. the plaintiff. and I w i l l read i n t o the record t h a t I issued a decision which was covered on ~ p r i 1 l1 .) Are you submitting any papers? MR. we'd l i k e t o reserve t h e r i g h t t o do so i f possible.Proceeding May 3. MR. He probably submi t r e d i t on ~ h u r s d a y . 2012. strunk's o r i g i n a l I'm motion and h i s p e t i t i o n a c t u a l l y i s dismissed. standard. THE COURT: And you were here previously. MR. ~ a b nowi i t z . I found t h a t M r . MR. . THE COURT: A t the end o f t h i s 1'11 explain how much time you have t o submit something. and Roger Calero. REICH: Not a t t h i s time. j u s t so we are. ~ r i n s k y & ~iebermanon behalf o f s o c i a l i s t workers Party. o r more s p e c i f i c a l l y 2012 union. I t h i n k you submitted t h i s THE COURT: Thursday t o t h e court.c l e a r why we' r e here today. published by t h e State Reporter a t 35 Misc 3d 1208(A). NOW. REICH : Dan Rei ch . STRUNK: C h r i s t o p h e r . NY s l i p op 50614CU) as i n so r h i s i s why we' r e here. Boudi n .

o f the appropri ate a d m i n i s t r a t i v e judge depending upon what the j u d i c i a l d i s t r i c t intended t o f i l e . Mr. I wanted t o be heard. and I wanted t o g i v e him an opportunity t o be heard pursuant t o 22 NYCRR 130-1. I want you t o know t h a t ' t h i s i s not -- we're n o t holding a hearing f o r m e to -- for you t o renew o r reargue m y decision. s i x . ' I believe. ~ n a dl s o I c a l l e d t h i s hearing because I found t h a t M r .1[~]. we have present i n the-room. I shouldn't say p e t i t i o n . so I c a n ' t -- as t o whether o r n o t I should award costs and/or sanctions because o f t h e f r i v o l o u s papers t h a t he had. f i v e . because the papers . f o u r . strunk's a c t i o n was f r i v o l o u s . His a c t i o n seeking various forms o f r e l i e f was denied i n i t s e n t i r e t y and granted i n numerous motions t o d i Smi ss t h e action. we have. and I a l s o enjoined him from commencing any f u r t h e r a c t i o n i n the New York State u n i f i e d c o u r t System w i t h o u t permi ssian . seven o f defendants. F i r s t o f f . and he knows about i t . I before I g i v e you the opportunity t o be heard. -- looks l i k e e i g h t sets ~ 1 1 r i g h t . a various combination o f defendants.~roceed ng i sorry. two. and obviously he was served. so obviously h i s case went away. three. one. I read through your papers. strunk.

b u t t h i s issue before us today i s whether o r not I should sanction you f o r engaging i n f r i v o l o u s conduct. -- by an . o r form. c a n ' t do t h a t .58 . AS 9 I read through your papers. STRUNK: Yes. and I agree w i t h him. o r you went through numerous reasons why you disagree y with m y decision t o p u t i t m i l d l y . shape. MR. but I ' m going t o give you an opportunity t o be heard. 1'11 c a l l i t a r e i t e r a t i o n o f why you did. STRUNK: An amicus. why you're overreaching on your h o l d i n g t h a t I should be sanctioned i n some manner. most o f i t was -- w e l l . You can f i l e a motion t o renew o r reargue m y decision t h a t I issued l a s t month. and argue about m o r i g i n a l decision.. Before I g e t s t a r t e d here I want t o enter i n as an amicus something t h a t was noted t o m e by an attorney who has been f o l l o w i n g t h i s case very c l o s e l y because he's g o t cases a71 over i n various c i r c u i t s . APX . yes. THE COURT: So i n other words.Proceedi ng were i n response t o whether o r not I should sanction you. i n federal and i n various states and t h a t he wants t o make sure t h a t your Honor knows why. you want t o present a document by another attorney attorney? MR. YOU .

THE COURT: object. STRUNK: I do n o t o b j e c t t o t h a t being p u t i n as an amicus. I r e a l l y don't He I don't know how persuasive i t ' s going t o be o r not. and i t says something t h a t I shouldn't -- t h e t i t l e i s i n boldface.and i t ' s Jamesburg. MR. Maybe t h e other f o l k s w i l l ~nybody object? (NO verbal response . ~t looks a l i t t l e b i t o u t o f order. b u t 1'11 take a look a t i t . and you have copies f o r everyone? MR. I d o n ' t know. New Jersey o r what.Proceeding THE COURT: 10 Can T see what you have. I d o n ' t know whether t h i s gentleman i s an attorney whether i t ' s New York.59 . STRUNK: Everyone has been served and they were n o t i f i e d as of yesterday. b u t 1'17 take a look a t i t . 1'71 t a k e a look a t it. APX . his i s e n t i t l e d -- w r i t t e n yesterday according t o t h i s . then 1'11 take a look a t i t . New Jersey. know. THE COURT: Mario ~ p u z z o . The New York State Court should Not Sanction pro se P l a i n t i f f Christopher Ear1 strunk for h i s " ~ a t i o n a lBorn c i t i z e n " l i t i gation. could be a member o f New York law.) ~ l rl i g h t .

MR. To m e i t was You have a THE COURT: a diatribe. MR. STRUNK: THE COURT: I showed up. THE COURT: I know t h a t subsequent t o t h i s o r p r i o r t o while t h i s was being w r i t t e n by myself you f i l e d something o r other t o e i t h e r f o r f e i t as I r e c a l l .- --- . You d i d n ' t show up i n A p r i l . STRUNK: The f i r s t r h i n g I ' d l i k e t o do i s f i n d o u t what t h e s t a t u s o f t h e other motions are t h a t were f i l e d t o enter i n t o evidence t h a t would m i t i g a t e your decision. I ' m not sure. and then you had one sentence i n there that I -- APX . You can o b j e c t t o what I say. d i a t r i b e by you against whatever t h i s Judge d i d . I t was i r r e l e v a n t t o what r i g h t t o do t h a t . and on about -- I b e l i e v e i t was a case i n Georgia as I r e c a l l . I b e l i e v e we marked i t o f f where t h i s i s you went on because you d i d n ' t appear. and i t was b a s i c a l l y a . obama n o t be5ng able t o be president. b u t someone i n C e o r g i a ' b a s i c a l l y r u l e d t h a t o r dismissed a challenge about Pres. I did l a t e r .Proceedi ng MR. I read your papers. STRUNK: I o b j e c t t o t h a t language.a _____ -. as I read i t where i n e f f e c t I believe -- I d o n ' t know i f i t was an a d m i n i s t r a t i v e law judge i n Georgia o r i t was a t r i a l c o u r t . There was a motion f i l e d i n on February 9 requesti ng 1eave . several weeks ago.

I marked i t o f f . THE COURT: t h i s Index Number 6500/11? M y recollection i s that i t was marked o f f . STRUNK: THE COURT: You d i d read t h a t . You b e l i e v e i t was adjourned. MR. b u t you d i d n ' t appeared i n court. ~hai rs a relief. Not t h a t one? This was sequence 16. You weren't here. . STRUNK: It was adjourned. COURT CLERK: THE COURT: COURT CLERK: THE COURT: A p r i l 23. but -- I read i t . MR. MR.t h i n k i t was adjourned? MR. COURT CLERK: MR. so. That could be another one. what made you. STRUNK: It was adjourned t o t h e 1 8 t h of June. - APX . what d i d we do? Marked i t o f f . STRUNK: THE COURT: I t was adjourned. ~ o th t a t one. I read i t . I read i t because I wanted t o be ready f o r you when you appeared t o speak t o you about i t . We'll f i n d out.Proceeding should recuse myself and you never explained why. STRUNK: COURT CLERK: NO i t wasn't. b u t you never showed up i n c o u r t .61 .

t h a t s t a t u t e t h a t you c i t e d says b a s i c a l l y t h e c o n s t i t u t i o n a l i t y o f t h e law i s i n question. STRUNK: That's n o t what t h e problem w i t h t h e case i s . However. STRUNK: B U i ~ t was a motion f o r leave to -THE COURT: Is t h a t the one t o go t o t h e court o f ~ p p e a s? l MR. I t could be a d i rect appeal from t h e t r i a l c o u r t t o t h e Court o f ~ p p e a l s . and t h a t was invoked l a s t week. 3une 18? MR. THE COURT: I t ' s moot.Proceedi ng THE COURT: 13 IS t h a t on t h a t index number. anything That i s n o t c o n s t i t u t i o n a l i t y of . That's ir r e l e v a n t t o t h i s case.62 . sending t h i s t o t h e Court o f ~ p p e a l s . Id o n ' t see APX . t h e case i n v o l v i n g t h e 63rd senate d i s t r i c t . The appeals c o u r t -The p o i n t i s I ' m n o t THE COURT: YOU can go t o t h e a p p e l l a t e d i v i s i o n i f you've g o t a problem. which i s e s s e n t i a l l y moot i n any case. b u t I ' v e g o t t o t e l l you. I d o n ' t t h i n k t h a t ' s c o r r e c t i n t h a t you're n o t a t t a c k i n g t h e c o n s t i t u t i o n o r any s t a t u t e . STRUNK: Yes. YOU' r e a t t a c k i n g whether o r n o t Pres. MR. b u t t h a t ' s how i t was used. Obama i s e l i g i b l e t o be president.

~ t ' s moot. Yes. I dismissed I your case. t h e second motion has been adjourned u n t i l June 18. STRUNK: THE COURT: 1 I I lt's been disposed o f . THE COURT: I s t h a t i n reference t o t h e f a c t that I wouldn't s i g n t h a t emergency. Yes. MR. STRUNK: SO i t ' s moot. STRUNK: Now. MR. MR. ~ t ' s disposed o f . and t h a t s p o l i a t i o n has occurred. THE COURT: I d o n ' t know what you a r e . Thank you.Proceedi ng I 14 where t h e r e i s any a t t a c k on t h e c o n s t i t u t i o n a l i t y o f the statute. That was a motion submitted f o r STRUNK: evidence o f t r a n s a c t i o n s t h a t occurred a f t e r f i l i n g and hearing which would b o t h m i t i g a t e a f t e r the ~ u g u s t damages and m i t i g a t e t h e d e c i s i o n on your p a r t . That i s a f a c t t h a t an a u t h o r i t y o f competent j u r i s d i c t i o n has found t h a t t h e r e i s reason t o b e l i e v e and i s suspicious o f f o r g e r y and fraud.o r d e r t o show cause back i n October? MR. THE COURT: I t h i n k t h a t ' s t h e p o i n t I wanted t o make. I b e l i e v e ? COURT CLERK: THE COURT: MR. STRUNK: NO. and'there i s concealment which would a f f e c t your decision.

MR. c o l d case Posse. STRUNK: 15 You adjourned i t sua sponte. Obama.a County. you had t h i s case. t h e c l e r k s i n motion support adjourned i t t o June 18. 30e Arpaio. The Maricopa County. i n 2008 t o have f i l e d a f r i v o l o u s APX . not me. t h e c l e r k s k i c k them over t o another date.Proceedi ng r e f e r r i n g to. you know. THE COURT: I might not have adjourned i t . ~ r j z o n a . found by Judge ROSS YOU know. then a d m i n i s t r a t i v e l y . so t h a t ' s why t h i s was l and You picked the dare o f A ~ r i 24. we're g e t t i n g f a r a f i e l d . put on adjourned. This comes back t o you know. ydu were in -- X don't have t h e exact date i n f r o n t o f me. i t ' s m y error i n thinking t h a t t h e other motion was t o be heard on t h a t date a l s o which was sua sponte adjourned. I g o t no n o t i f i c a t i o n THE COURT: The. o f any adjournment. x made a r u l i n g about whether. STRUNK: Well. I don't do motions on a Tuesday. Arizona s h e r i f f s issue o f press release about a c o l d case Posse. and I submitted i t about Pres. i n any case one a r b i t r a r i f y p i c k s a date. The c l e r k s might have adjourned i t . MR.. kicked i t over because. t h i s i s t h e one t h a t goes on about t h i s Judge i n Atlanta. you know.@ . So . That's the s h e r i f f o f Maric0p.

I have certain beliefs. STRUNK: This i s t h e motion t h a t we are discussing? THE COURT: We're t a l k i n g about my r u l i n g and why I r u l e d t h a t you have been engaging i n f r i v o l o u s conduct.6 5 . t h e r e f o r e I r u l e d your a c t i o n t o be f r i v o l o u s . YOU have t h e r i g h t t o have the b e l i e f s about Pres. cases t h a t are n o t f r i v o l o u s t h a t I and other ludges i n t h i s c o u r t have t o handle. b u t you continue t o move forward.i s I found you are precluded sanction you. and you know. and you go on and on w i t h a APX .Proceeding motion i n Federal c o u r t . and I d o n ' t know how many times you have had a case dismissed before you know you r e a l i z e d you' r e n o t going t o g e t anywhere w i t h t h i s . I want you t o know t h a t ' s why I found . y e t you decide t o use t h e s t a t e c o u r t f o r your own use. MY p o i n t i s t h a t unless an a p p e l l a t e authority t e l l s m e otherwise. You're t e l l i n g m e why I should not now. MR. t h i s t o be f r i v o l o u s . You then b r i n g i t over t o 16 s t a t e Court and you go on and on. you have an i n c o r r e c t i n t e r p r e t a t i o n of what t h e c o n s t i t u t i o n says. McCain where they were born and whether o r n o t t h e y are e l i g i b l e t o be president o f t h e u n i t e d states. The f a c t . a l s o by c o l l a t e r a l estoppel based on what happened i n Federal Court. b u t we have many . Obama and about sen.

STRUNK: . which case a r e you r e f e r r i n g to.Proceedi ng baseless -- what I c a l l a baseless a c t i o n . hat's h e r f i n d i n g i n t h e case o f s t r u n k v. and you know. saying you f a i l e d -- no. The case by Judge -- STRUNK: The f e d e r a l reserve case? I d o n ' t know. Judge Ross i n page s i x i n f o o t n o t e s i x c i t i n g two p r i o r Eastern ~ i s t r i c cases t t h a t you f i l e d saying "The Court has determined t h a t p o r t i o n s o f p l a i n t i f f t h a t ' s you -- -- p l a i n t i f f ' s complaint have contained a11egations t h a t have r i s e n t o the. MR. You had a s i m i l a r case i n 2008. STRUNK: he case was never heard. New York S t a t e Board o f E ~ e c t i o n s~ t h i c a l Index Number 08-CV-4289 dismissed your a c t i o n . Federal Court stayed your a c t i o n as i r r a t i o n a l . Let m e g e t t o 3udge Ross and her f i n d i n g s i n Federal Court. your Honor? THE COURT: MR. THE COURT: I have her d e c i s i o n i n f r o n t o f me. New vork s t a t e Board o f ~ f e c t i o n s at APX . ir r a t i onal " MR. and t h a t . t h e Judge o n l y for purposes -- t h e r e was an a c t u a l motion f o r i n f e r r i n g an improper purpose. Let m e back up. 2008 i n t h e case o f Strunk v. and t h e marked -- a l l t h e papers were d e f e c t i v e .6 . THE COURT: Judge Ross i n her d e c i s i o n i n Eastern D i s t r i c t on October 28.

Judge Ross she s a i d 18 i n t h e Eastern D i r e c t dismissed t h e a c t i o n . STRUNK: The p r i o r case i s t h e very reason t h e sub prime mortgage s t u f f was going on. and that's -- f o r t h a t reason alone. she i s e s s e n t i a l l y telling m e t o go t o s t a t e c o u r t . I read it. That's what she said.Proceedi ng ~ n d e xNumber 08-CV-4289. So when I sued - APX . what does t h a t have t o do w i t h anything? MR. conrai ned a11e g a t i ons have r i sen t o t h e ir r a t i o n a l ir r a t i ona1 . you d i d n ' t have standing. b u t l e t ' s deal w i t h standing. ' She found t h a t your complaint i s STRUNK: Judge Ross was one o f t h e senior c o r p o r a t i o n counsels f o r ~ e n e r a lMotors. THE COURT: A5 f o r judge Ross. 2008. THE COURT: . STRUNK: The Federal Courts have no o r i g i n a l j u r i s d i c t i o n over a s t a t e e l e c t i o n .--- . I know you c a n ' t review a decision. You f a i l e d t o s t a t e a c l a i m STRUNK: L e t ' s deal w i t h standing. MR.67 -- . MR. THE COURT: She a l s o s a i d t h a t your complaints i n t h a t case MR. MR. STRUNK: THE COURT: -- There was wrong. . T h a t ' s what i t has t o do w i t h i t . October 28. and i t was f r i v o l o u s .

1 was I ' m g l a d you a r e on t a r g e t w i t h Coldman sachs. APX . ~hurgood lufarshall remarked t h a t .68 . and so now t h e question i s STRUNK: -- which one? ~ h one e before Judge Ross? THE COURT: I mean t h e one you. "A complaint c o n t a i n i n g as i t does both f a c t u a l a l l e g a t i o n s and 1egal conclusions. so the point i s -And I agree w i t h t h e d e c i s i o n THE COURT: w r i t t e n by J u s t i c e Marshall which I found very i n t e r e s t i n g . MR. t h a t j u s t i c e ' s d e c i s i o n i n 1989 c a l l e d Neitzke v. Williams. STRUMK: You're s a n c t i o n i n g m e on? THE COURT: I haven't sanctioned you yet. I agree & i t h Thurgood Marshall. t h i s case. r i g h t on t a r g e t . delusional. However. THE COURT: B e l i e v e me. f a n t a s t i c . STRUNK: she was r e a c t i n g t o t h a t . b u t embraces not o n l y t h e i a1so t h e f a c t u a l a1l e g a t i o n .Proceedi ng Goldman Sachs she g o t pissed off. MR. I have t o deal w i t h t h i s case.have i n m y c o u r t . 419 US 319 a t page 325. MR. i s f r i v o l o u s where i t l a c k s arguable basis--" and f u r t h e r J u s t i c e Marshall wrote -- "and narguabl e 1egal concl usion. I believe t h a t your complaint was f a n c i f u l .

THE COURT: I d i d n ' t g i v e f a v o r t o anybody. and I have t o make a decision based upon t h e case. his -- t h a t M r . ~ r a b e r represents various THE COURT: defendants i n t h e case t h a t I sued. a11 o f t h e a d d i t i o n a l extensions o f time -- i t ' s q u i d p r o quo.Proceeding 20 1'17 g i v e you t h e o p p o r t u n i t y t o be heard. t h e i m p r o p r i e t y i s overwhelming. I demand t h a t you recuse yourself . STRUNK: But he was t h e lead attorney. and t h a r -- just t h e f a c t t h a t t h a t was going on. You cherry picked t h i s whole thing. YOU rewrote t h e complaint on t h e record i n the You committed something t h a r no ~ugust 22 hearing. STRUNK: -LOO~. . i s t h a t correct? That ' s compari ng apples w i t h oranges. MR. STRUNK: The appearance. s i t t i n g 3udge should do i n terms o f you gave favor where favor was n o t t o be given. STRUNK: On what grounds? On what grounds? Yes. MR. THE COURT: MR. STRUNK: THE COURT: MR. and then i f I t h i n k you shouldn't MR. Graber over here had you as a defendant i n your pay r a i s e . I was presented w i t h your complaint and w i t h motions t o dismiss. r ' m t h e Judge. Mr.

t h e Court d i d a straw man argument making my X argument your Y argument defeating m y x argument. That's Took another . b u t t h a t ' s n e i t h e r here nor there. I don't b e l i e v e he was the lead A guy named Dofan. 5-C-H-L-A-U-M Mr. (off-the-record MR.) I demand a separate judge t o hear t h e sanctions when t h i s should be. Ib e l i e v e i s t h e lead attorney. People v. I want t o see i f w e can get a few more minutes t o continue this. THE COURT: There i s a case. Moreno. STRUNK: I n a record o f t h e t r a n s c r i p t o f ~ugust 22nd o f l a s t summer. d i d n ' t go t o I -The Attorney General's o f f i c e . ~ T R U N K : MR. we c e r t i f i e d outside counsel. Dolan argued against m y case i n t h e Court o f Appeals even though I won t h a t case.Proceedi ng 21 THE COURT: attorney. GRABER: your Honor. I ' d have t o look up t h e c i t e i n Court o f Appeals. I forget t h e gentleman's f i r s t name. MR. NO. outside counsel. two years we got a period o f v i c t o r y . APX - 70 . THE COURT: and Gold. STRUNK: discussion . THE COURT: I ' m sorry t o interrupt. w e certified . and i t went t o t h e c o u r t o f Appeafs. MR. irrelevant.

STRUNK: That scenario o f Straw man argument should immediately recuse what you d i d i n r e w r i t i n g t h e complaint . r don't believe t h a t r 'rn u n f a i r o r prejudiced against you. w i l l take i t on and t u r n i t o u t i n s i x weeks. whatever I do today o r i n t h i s -on the transcript. So t h a t ' s one o f rhe I can o n l y do one t h i n g a t a time 1 i ke So I took time t o w r i t e i t . I six weeks went by. S t i l l c o r r e c t i n g . I get an order t o 1 show cause i n October. THE COURT: M r . but a t t h e time then on t h e c o u r t o f ~ p p e a l ss a i d t h a t Judge ~ e l l a c o s a 1 a judge is t h e sole a r b i t e r o f h i s o r her own recusal . anybody else. ~ ' m one person and I have scarce resources.71 -~ . E i g h t weeks went by. STRUNK: the transcript o f ~ u g u s t 22nd. w r i t e t h i s decision and other cases t h a t are not f r i v o l o u s . w i t h a l l due respect your case i s one o f approximately 1600 cases 1 have i n m y inventory. MR. reasons. strunk.I r d o n ' t have t h e c i t e i n f r o n t o f me. and y e t I have t o put your case t o t h e detriment o f other cases. and I ' m not going t o recuse myself. I 1 THE COURT: MR. The whole question o f you delaying and denying j u s t i c e i n t h i s s i t u a t i o n should be i n i t s e l f a reason f o r your I recusal . You d i d n ' t -- APX . t h a t ' s what you said.

STRUNK: I can see -I did a l l THE COURT: M y law secretary s i t t i n g there. . That's t h e straw man argument. despite your argument about you have t o have your parents born i n t h e u n i t e d s t a t e s as w e l l as you MR. and I n o t i c e d t h a t f o r whatever reason. I know I have papers here from various defendants and t h e a c t i o n has been dismissed concerning costs. The p o i n t i s i t takes time t o I a l s o d i d some research. You should recuse y o u r s e l f . obama i s t h e s i x t h President t o have one o r both parents n o t born i n t h e u n i t e d . CORBETT: K e i t h Corbett o f t h e law f i r m o f Harris ~each. MR. You're I have a b s o l u t e l y wrong. go t o t h e ~ a w MR. NOW.Proceedi ng Department by t h e way. w r i t e t h i s and t o do t h i s . -That's STRUNK: That's n o t m y argument. he g o t t o l o o k a t i t when I proofread i t . THE COURT: okay. THE STRUNK: COURT: I ' m g l a d i t ' s on t h e record. I w i l l note f o r t h e record t h a t Pres. Does any counsel o r any defendant want t o p u t anything on t h e record? MR. so i t i s what i t i s .s t a t e s . t h i s so no one e l s e gets t h e blame. nothing e l s e t o say. your argument.

MR.7 3 . have given them an o p p o r t u n i t y t o speak. CORBETT: Thank you. MR. June 7. I ' m now I g i v i n g you t h e f i n a l o p p o r t u n i t y t o speak f u r t h e ? . M r .) w e l l . I w i l l w a i t 30 days from today which would be June -- what's t h a t . Anybody having anything e l s e t o THE COURT: say? (NO verbal response. your Honor.Proceedi ng 24 we j u s t want t o reserve our r i g h t t o p o s s i b l y b r i n g documents seeking costs. STRUNK: MY papers speak l o u d l y . you have t h e f i n a l word. They d o n ' t want t o say anything. T H E COURT: It h i n k t h a t ' s f a i r f o r anybody. so you can conclude. c1a r i f i c a t i on from our c l i e n t . MR. c o r b e t t . THE COURT: we have t o await You have t o c o n s u l t w i t h your client? Let m e ask you. strunk. The p o i n t i s t h a t you are a man s i t t i n g on t h e bench APX . f o r any defendants who have not submitted b u t reserve t h e i r r i g h t t o submit any a f f i d a v i t f o r costs. STRUNK: THE COURT: The f i n a l word? I'm going t o f e t you go on. how much time do you t h i n k you need f o r a f i n a l decision o f your c l i e n t ? MR. CORBETT: I hope t o have t h e decision by 30 days. M r .

THE COURT: Go ahead. MR. THE COURT: You do whatever you want t o do. STRUNK: ~ n t d h a t you have not administered t h i s case i n t h e way t h a t my r i g h t s should be protected. and 1 d o n ' t need your permission t o do t h a t . STRUNK: I don't t h i n k I can other than p u t t i n g up a bond.e l e c t e d by t h e people o f ~ r o o k l y n . and t h a t i t ' s going t o be on the record. and t h a t t h a t i s a matter t h a t ' s going t o be put i n f r o n t o f the j u d i c i a l commission. THE COURT: MR. t h a t you d o n ' t know your h istory. I a m doing t h a t . You d o n ' t l i k e m y ruling? G o t o the Appe71ate D i v i s i o n . strunk.3 . STRUNK: DO whatever you want. T H E COURT: MR. can threaten me. STRUNK: Yes. THE COURT: Mr. YOU put t h e l e g a l question aside based upon ' your own s t r a w man s t o r y and argument which has absolutely nothing t o do w i t h t h i s case. xlm just t e n o i n g you m y intent. Thank you. you have various rights. MR. c hat's correct. your Honor. I am. STRUNK: I ' m not threatening you. YOU can do whatever you deem t o be YOU appropriate. I d o n ' t care. and i t ' s going t o be known APX . ~nything else you want t o tell me? MR.

and t h e r e f o r e . They d o n ' t have t o be provided an e n t i r e d e c i s i o n o f a p a r t i c u l a r case c i t e d by me. o r you can go t o ~ u d g e schmidt and g e t t h e record. and i t ' s i m p o r t a n t t h a t you consider what y o u ' r e doing f o r t h e purpose o f o t h e r p r o se p l a i n t i f f s who given a u t h o r i t y . That record i s t h i s deep now.Proceeding around t h e n a t i o n as t h a t .75 - --- - -- . STRUNK: I want t h a t o r i g i n a l r e c o r d - APX . THE COURT: MR. T h i s i s a s p e c i f i c a c t i o n . Could v e r y we11 be. your case. They have t h e c i t a t i . STRUNK: Your Honor. . MR. appeal whatever I rule. 6500/11. I i n s i s t t h e record o f those cases be p u t i n on t h i s case. YOU b e l i e v e t h a t I ' v e done something improper. MR. ~ h e y ' r ecapable o f doing t h a t . do whatever you deem t o be a p p r o p r i a t e . STRUNK: because you can go g e t t h e record down i n t h e archives. The record i n which you have. your e n t i r e d e c i s i o n i s based upon o t h e r cases. T h a t ' s what's before me. o n . THE COURT: 26 O t h e r p r o se p l a i n t i f f s a r e n o t i n f r o n t o f me. THE COURT: ~ l rli g h t . I know t h e r e a r e ~f you f e e l you want t o numerous cases t h a t a r e c i t e d . whatever happens i n o t h e r cases happens i n o t h e r cases. t h e judges w i 11 deal w i t b t h a t and t h e ~ p p e l l a t e o i v i s i o n can c e r r a i n l y l o o k up these cases.

Happersett does n o t d e f i n e n a t u r a l -born c i t i z e n . THE COURT: 27 Fine.Proceedi ng t r a n s f e r r e d and t o be the basis f o r any appeal. o u t and I s a i d we are -- New York State i s under r i s k o f seeing B r i t a i n take over t h e presidency. t h e basis. p u t together an appellate record. YOU i n v e n t your own d e f i n i t i o n t o c o n s t i t u t i o n s . Minor v. The s t a t e o f New York *as t h e one who forced natural-born c i t i z e n . STRUNK: You're using other cases and making decisions on 1egal matters o f n a t u r a l -born c i t i z e n s h i p which you d i d n ' t touch w i t h a t e n . Happersett. and t h a t Judge tansing i n s i sted t h a t . STRUNK: The c o n s t i t u t i o n i n t h a t case ~t must be sought through s a i d does n o t d e f i n e i t ? l o o k i n g a t the e n t i r e document. MR. o f our law today. It's You l o o k a t r e a l property APX - . because i n 1787 we wa1ked. MR. New York i s the basis f o r n a t u r a l born.f o o t pole.natural -born c i t i zens be placed i n t h e c o n s t i t u t i o n a l document. ~t must be l o o k i n g a t the h i s t o r y o f how t h a t document was p u t together. THE COURT: I t h i n k you misread Minor v. not a dictionary. That was then r a t i f i e d i n 1788. I t ' s n o t my job t o photocopy t o your h e a r t ' s content. GO t o t h e record room.

one l a s t observation. I did i t i n a hearing back l a s t ~ u g u s t . I believe 18 t h a t you c i t e d . THE COURT: That i s w e l l . documented before rhe rev01 u t i o n . l a s t chance.77 . c l e a r l y states t h a t t h e c i t i z e n s h i p i s n o t defined c o n s t i t u t i o n a l 1y. HapperSett. 88 US 162 and page 167. w unless you have anything else. So i f there i s nothing else. e can adjourn. I d o n ' t know how many mines are l o c a t e d there. MR. I looked a t r e a l property law. defined A n a t u r a l -born c i t i z e n i s n o t It .Proceeding law Section 18 where you cannot own o r lease a copper mine i n the county o f s a i n t Lawrence unless you' r e a 28 natural-born c i t i z e n . t h a t you should be recused. and t h a t you must be a c i t i z e n a t t h e time t h a t you lease o r own a copper mine i n s a i n t Lawrence County. begi nni ng t o end i THE COURT: All r i g h t . a f a i r hearing. and I t h i n k t h a t t h e f a c t t h a r you are cherry p i c k i n g t h i s whole t h i n g from s unconscionable . I believe t h a t t h e r e has n o t been a hearing i n t h i s matter. hat ' s what' it said. a f a i r hearing. and again. YOU APX . I w i l l g i v e you one STRUNK: Your i n t e r p r e t a t i o n i s a l l wrong. and t h a t means you've got t o have parents who are c i t i z e n s when you're born.

and everybody e l s e . a -. I t h i n k America i s a Have a pleasant day. wonderful country. RMR o f f i c i a 1 Court Reporter APX . ACCURATE TRANSCRIPT OF T H E ~ T E N O C R A P H I ~ r I N U T E S IN THESE PROCEEDINGS.- 0 CERTIFIED THAT THE FOREGOING I S A TRUE AND . T h i s concludes t h e hearing.7 8 . DIANE ~ I X O N. M r . . CSR. strunk.make a l l these comments i n c o u r t and you're going t o walk out o f here a f r e e man.

. AQUILA / commissioner.=4!== THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE P m . Deputy Director TODD D.-. THOMAS P.---. Fr. Fr.a.79 . VALENTINE. ZBIGNIEW KAIMLERZ BRZEZINSKI.k.x ' 6500-2011 CMstophet-Earl: Strunk.a. ROGER CALERO. Defendants. O B M FOR AMERFCA. GREGORY P.P A L L N VICTORY 2008. BLDEN. MCCAIN WCTORY 2008: M C M .- .: 6500-201 1 SUPRE= COURT OF THE STATE OF NEW YORK COURl'Y OF KINGS XAS Part 27 Index N o . Stwe Dunham).a. ORDER TO SHOW ANDREW CUOMO. NYS Board of Election et a l .-------------. Barack Hussein Obama 11.. (Hon. COURT COSTS MARK BRZEZINSICI. JOSEPH R... JOSEPH P. SOEBARI<AH (ak. and XYZ Entities. FREDERICK A.. O'HARE. NANCY PELOSI. PENNY S. AFFIDAVIT fnr WALSH / Co-Chair.-. Deputy Director STANLEY ZALEN.J.. PETERSON / Commissioner. GEORGE SOROS. THE SOCIALIST WORKERS PARTY. DEMOCRATIC SHOULD IPOT BE STATE COMMITTEE OF THE STATE OF NEW YORK.----.Strunk v.J. EVELYN J.RUTH NOEMf COLON. KELLNER / Co-Chair.J o h n and Jane Does. JOHN A. JOSEPH A. OBAMA WCiWRYFUND. PETER G. Z X r n THE NEW YORK STATE REPUBLICAN STATE COMMITTEE. DINAPOLI. STATE COMMITTEE OF THE WORKING FAMILIES LEVIED RA'MmR PARTY OF NEW YORK STATE. a. THAN SETTLE JOHN SIDNEY MCCAIN 111.*-. JR.S.. STATE OF WEW YORK cornTYOFTOu405 Q 1 ) 1 a- Accordingly.. STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE.". being d u l y sworn. S. : -. DOUGLAS A. a. I. B a r r y Soetoro. PFTiZKER. IAN J.JAMES A.O. depose and say under p e n a l t y of pejury: Strunk's Response to the Decision with OSC Page 1 of 27 - APX . PARKES.k. BRZEZINSKI.. PETERSEN. Arthur M. BOEHNER. . in their OEcial and CAUSE WHY individual capacity. SchackJ S C ) PLAINTIFF*^ NEW YORK S T A m BOARD OF ELECTIONS. Christopher-Eark Stnmk in esse. in-esse Plaintiff.-m----------------------. NYSSC Kings C t y Index No. JR. ERIC SCHNEIDERMAN.. SCHWARZ..

I am. In the matter of alleged collateral estoppel.: 29642-2008 remains active without parties joined until ordered consolidated with this case that as of right based upon the decision in the Article 78 case 2964 1-08 Plaintiff was entitled to cure the complaint by amendment based upon the constitutionality finding as the Res judicata will be applied to a pending lawsuit if several facts can be established by the party asserting the res judicata defense. and notwithstanding such. then in State Court by failure to perfect service as in the case before Judge Schmidt in the case Index no.201 1 by the Decision and Order by Arthur M. and were beyond its jurisdiction a s the case before USDC EDNY Judge Ross was filed without a proper application and left without leave to amend or cure in the first place. This means that a final decision in the fwst lawsuit was based on the factual and legal disputes between the parties rather than a procedural defect. by special appearance am self- represented without an attorney. further alleged plaintiff lacks standing and suffers no particular injury different than general anyway. was on a pro se informa pauperus petition denied only to the extent to dismiss the application sua sponte a s the issues were never heard. such as the failure to serve the defendant with legal process. the party must show that a final judgment on the merits o f the case had been entered by a court having jurisdiction over the matter.S. entered on April 12. Christopher-Earl: Strunk in esse.C. such charge do not apply herein as it has limited applicability in cases where the issues raised in the prior court where the action: a. alleges issue preclusion by collateral estoppel and as if a prior decision existed barred by res judicata (1). 201 1 is a s if frivolous conduct.: 6500-2011 1. and therein unreasonably alleging Plaintiff case filing and appearance on August 22.Strunk v. b. respond to the Decision dismissing the complaint filed March 22. 2.2012 to show cause why he should not be sanctioned and levied defendants' costs for litigation. NYSSC Kings Cty Index No. First.2012 and that Plaintiff appear on May 7. Schack J. NYS Board of Election et al. Strunk's Response to the Decision with OSC Page 2 of 27 .

c. 1961 also sought in a criminal investigation of the present actions to spoliate and conceal by Defendant Obama in his official capacity is pending. and in which action constitutes a bar of Barack Hussein Obama's motion to dismiss herein under unclean hands doctrine that bars certain equitable defenses that would seek dismissal. was filed against private persons not in their capacity a s public officers per se in that notwithstanding any particular public office that any such private person may hold the nature of the ultra vires breach of public interest and trust. Petitioner merely sought discovery of Stanley Ann Dunham Obama's travel records wherein the Circuit Judge declined to sign a n order for release of documents. DEFENDANT STATE'S REJECTION OF TENDER OFFER TO SETTLE 4. That the New York State Board of Election principal officers on February 28. NYSSC Kings Cty Index No. and subject to discovery in Strunk's Washington DC ongoing FOIA case. 3. with the exception of the New York State Board of Elections and the named chairmen and Commissioners as public officers and the conflict of interest of present and past of members of the New York City Campaign Finance Board acting ultra vires. conspiracy. a s a result thereafter Stmnk sought discovery with a FOIA request still ongoing FOIA Case Strunk v US DOS and US I)HS USDC DC 08-cv-2234 (RJL) with a decision on Plaintiffs demand for release of Stanley Ann Obama's travel records between August 1. 2012 on the recorded video at a public meeting admit to the use of the term "Born a Citizen" associated with the 14th amendment citizenship status rather than the term of Strunk's Response to the Decision with OSC Page 3 of 27 . and then d. then a s for the original proceeding in Second Circuit. NYS Board of Election et al.: 6500-201 1 controlling law of the case. civil fraud with unjust enrichment renders each personally liable. 201 1. The Verified Complaint filed on March 22. 1961 and August 10.Strunk v.

That before the appearance on October 25. and acted to spoliate and conceal evidence from Plaintiff. Use of "Born a Citizen" shifts the burden of duty. Plaintiff tendered a settlement offer to Joel Graber AAG regarding his clients the State. Constitution Article 2 Section 1 paragraph 5 a s a n ongoing instruction to any person that seeks ballot access a t the 2012 Presidential Election cycle in New York. 5. 6. and then the Court over the objection of Plaintiff granted a n open ended extension of time for the State to avoid any response to the Complaint duly served upon it and its officers. that on October 25. fraud. and is a furtherance by the principal officers prior actions of the use of "Born a Citizen" in the 2008 election cycle a s the subject of breach of fiduciary duty and facilitation of conspiracy. Strunk's Response to the Decision with OSC Page 4 of 27 . in the presence of five defendant attorneys in appearance. The State's rejection of a settlement resulted in Plaintiffs Notice of Appeal on the interlocutory decision to decline to sign Plaintiffs application for Order to show cause to mandate a change in instruction Born a Citizen " to "Natural-born Citizen" at the October 25. the State Legislature and the U.201 1 in the courtroom. 20 11 hearing as the necessary evidence and transactions to supplement the complaint as to the culpability of the action of the State and principal officers having been unreasonable denied leave to supplement in open Court. and to the amazement of Defendants7attorneys the State rejected the offer of settlement and thereby bound Plaintiff to continue litigation accordingly. NYSSC Kings Cty Index No. 201 1 were ignored by the Court in the presence of New York State Assistant Attorney General (AAG) Joel Graber and five of Defendants' attorneys in appearance. that were the State to change the instruction "Born a Citizen" to the required term of art "Natural-born Citizen" Plaintiff would settle. with felonies now proven.: 6500-201 1 art "natural-born Citizen" required by Congress. in order to settle the case except for expense incurred. NYS Board of Election et al.Strunk v.S.

NYSSC Kings Cty Index No. 2012 along with Plaintiffs Notice of Motion for presentment of evidence of forgery and spoliation as supplement to the complaint filed April 12. DEFENDANT McCAIN HAS UNCLEAN HANDS 9. 20 11. STRUNK DULY FIRED BARACK HUSSEIN OBAMA GIVES STANDING WITH INJURY 8. That the cause of action involving conspiracy in the scheme to defraud with breach of contract against John S.201 1 hearing was dismissed s u a sponte by the 2nd Department Appellate division a s pre-mature and denied the right of appeal. Plaintiff is the only person in the country to have done such firing and suffers a specific particular person& injury as a result different than any other person in the USA in that Defendant Barack Hussein Obama Soebarkah personally has injured Plaintiff. McCain (the unindicted co-conspirator of "the Keating Five" who collaborated with Archbishop Paul Marcinkus of the Vatican Bank] is that he misrepresented that he was born in the Panama Canal Zone giving Plaintiff Strunk's Response to the Decision with OSC Page 5 of 27 APX . and a s such.Strunk v.: 6500-2011 7.83 --- . the Court properly recognizes that Plaintiff had duly fired Barack Hussein Obama within 72 hours of his dual offer of contract by oath on January 20 & 21. on February 9. along with the proposed First Supplement to the Complaint. and furthermore. That Plaintiff fded a Notice of Appeal on the interlocutory decision to decline the "Born a Citizen" matter at the October 25. and as such Barack Hussein Obarna's disregard of Strunk's notice bar him from action and underlies the basis of individual action by Plaintiff with this Complaint. Despite the transcript account of the ipse dixit activities of Arthur M. 2012 was followed by Plaintiff's Notice of Motion to this Court for leave to have the constitutional issue associated with "Born a Citizen" reviewed by the New York State Court of Appeals with CPLR 95601 (b)(2)then adjourned sua sponte twice until June 18. and that as a private person Stt-unk's transaction with Soebarkah by proper notice is a simple contract matter. Schack a t the motion hearing of August 22. 2009. NYS Board of Election et al.

84 .youtube. in his campaign speeches and autobiography admits against interest "My father was a foreign student born and raised in Kenya he grew up herding goats! " h~://www. NYS Board of Election et al.: 6500-2011 sufficient cause and reliance on such misrepresentation a s a contract with Plaintiff to cast his vote a s intangible property in favor of McCain in the General Election in November 2008. concealment. 2012. misrepresentation and sufficient evidence of crimes of forgery and use of false instruments a s shown by the Maricopa County Arizona Sheriff's Department COLD CASE POSSE on going criminal investigation with their release of findings presented a s judicial notice for a supplement to the complaint on April 12. NYSSC Kings Cty Index No. and is further supported by the fact that McCain had full knowledge by the Senate sense resolution 51 1 of April 2008 sponsored by then Senator Obama. with acts of spoliation. Citizen parents a t birth alleged in Hawaii. 1 . because his father was a British Subject on a foreign alien student visa a s admitted by Barack Hussein Obama Jr.That Barack Hussein Obama Soebarkah has unclean hands by his and his agents acts of careless disregard of his duty to Plaintiff. and that Defendant McCain knew that Barack Hussein Obama did not have U. DEFENDANT BARACK HUSSEIN OBAMA HAS UNCLEAN KANDS AND MADE ADMISSIONS AGAINST INTEREST 10.S.Strunk v. and that Defendant and his agents have made admissions against interest as to his involvement in a conspiracy to defraud Plaintiff in furtherance of the usurpation of the office of POTUS for the purpose of unjust enrichment of he and his associates in furtherance of the promotion of the financial stability of the European Union Fourth Strunk's Response to the Decision with OSC Page 6 of 27 .-_-__ APX .com/watch?feature=~. that to be "natural-born citizen" requires U.S.Iayer detailpage&v=6irmkKmuzo. Citizen parents at birth.

the latter first attested in 1157. domain. is not a "Natural-born Citizen" a t best "Born a Citizen" a s defined by the 14th Amendment . NYS Board of Election et al. empire". such as in Regrmm Francorum for the Frankish Kingdom) before impertumwas in fact adopted. Third Reich 1918 AD through 1945 AD (RCC) Fourth Reich 1945 AD through Present (RCC)the European Union. THE CONTROLLING ISSUE BEFORE THE COURT IS THAT DEFENDANT OBANZA KNEW HE IS NOT A NATURAL B O R T Y CITIZEN WITH MULTIPLE ALLEGIANCE 11. NYSSC Kings Cty Index No. 201 1 never questioned the place of birth of Barack Hussein Obama Soebarkah a s purported in the April 25.Strunk v. whereas the parallel use of regnum never fell out of use during the Middle Ages.: 6500-2011 Reich (2)with the transfer of no less than $16 trillion of taxpayer obligations and unconstitutional use of out of area NATO forces and U S Military assets and forces in the overthrow of several nations in service of formation of the Mediterranean Union and the European Union control over African resources / assets and includes RCC rebuilding of the third temple as part of the New Babylon and New Testament plan.That Plaintiff in the Complaint filed March 22.the birthplace in the Complaint is not a t issue the issue is dual allegiance and perhaps triple allegiance when combined with the Soebarkah Indonesian allegiance! First Reich 963 AD through 1806 AD (RCC)is the common contemporary Latin legal term used in documents of the Holy Roman Empire was for a long time regnum ("rule. Strunk's Response to the Decision with OSC Page 7 of 27 --- APX - 85 . Second Reich 1806 AD through 1918 AD (Protestant)after the defeat of Napoleon lead to Bismarch's Protestant German Austrian Hungarian Empire. 201 1 Long Form Birth Certif~cate of Live Birth (CoLB) merely asserted the fact admitted to by all parties that Barack Hussein Obama's father married to Stanley Ann Obama was a British Subject on a foreign alien student visa in itself precluding a path to citizenship and therefore Barack Hussein Obama Jr.

So the question then raised were all dealt with.: 6500-201 1 l2.For the record: the 13" Amendment to abolish slavery was adopted on December 6. 186. 1868. and the facts are 100% ignored WE do not need the courts to figure out what a naturalized and natural-born Citizen (NBC) means a s used in NYS Real Property Law 318 or do we need Congress to do an investigation because the truth is already available all we need to do is look a t the facts. 15. a s adopted on July 9. and a s for the de facto "born a citizen" of the 14th amendment and the "anchor baby" without full and complete allegiance is contrary to the U. the 14" amendment which made the Civil Rights Act constitutional was proposed on June 13. 13. The truth about the 14" amendment has been out there for so long but no one seems to care what the framers said.S. Constitution Article 2 Section 1 Paragraphs 5 is germane herein before this court. in each bill. NYSSC Kings Cty Index No.5. Constitution and New York State Constitution too.S. and a s such requires Plaintiff recite the history of what dual allegiance associated with the de facto "Born a Citizennversus the single allegiance of the de jure "Natural-born Citizen" means as is controlling subject before this court that must be resolved a s a matter of provision of substantive due process herein to afford equal protection to Plaintiff. The Civil Rights Act of 1866 which granted former slaves citizenship was enacted April 9 1866.In the matter of what does "Born a Citizen" in relation to the questionable term "Anchor Baby" mean in regards to who is to be considered an inhabitant for the purpose of seeking ofice of the POTUS according to the U. goes to State Defendant breach of fiduciary duty and shift of strict burden of responsibility for their arbitrary acts. NYS Board of Election et al. The 14th amendment represented Stnmk's Response to the Decision with OSC Page 8 of 27 APX - 86 .Strunk v. 1866 and after much debate. during the same time frame.The Court's willful disregard of both history and facts herein is outrageous. and. No amendment to the term exists. with the same Congressman involved. 14.

18. as long as those persons were not subject to a foreign power. Served on the Joint Committee on Reconstruction which drafted the 14th Amendment to the United States Constitution. NYSSC Kings Cty Index No. The left/progressives. associates and Defendants' agents with propagandists including Justia. 16. and was co-author of the 14th Amendment's "Citizenship Clause". Judge advocate in the Lincoln assassination trial and prosecutor on the impeachment Strunk's Response to the Decision with OSC Page 9 of 27 APX - -- 87 .was an Illinois Supreme Court Justice 1848-1853. 17.org and Findlaw. citizens of the United States or enjoy any of the privileges and immunities of citizenship. Therefore.The Civil Rights Act of 1866 had already granted U. to truly understand the 14th Amendment and what the framers original intent was when writing it. Senator Jacob Howard worked with Lincoln to draft the 13th amendment.org have willfully totally perverted the 14a Amendment with their Birthright Citizenship lie. the framers of the Fourteenth Amendment added this principle into the Constitution to prevent the Supreme Court from ruling the Civil Rights Act of 1866 to be unconstitutional for lack of congressional authority to enact such a law and to prevent a future Congress from altering it by a mere majority vote. you must go back to the framers writings and the congressional debates. Which means the Civil FSghts Act of 1866 still stands because the 14a amendment was never repealed.Obviously the logical people to research in regard to debates would be Senator Lyman Trumbull who was the author of the Civil Rights Act of 1866 and Co-author of the 14th Amendment's "citizenship clause" and co-author of the 13th Amendment to abolish slavery . 20. citizenship to all persons born in the United States.The Honorable John Bingharn was the principle Framer of the 14th Amendment. NYS Board of Election et al. 19. and could not become.Sbxnk v.S.: 6500-2011 the overruling of the Dred Scoffdecision ruling that black people former slaves were not.

therefore. of parents owing allegiance to no other sovereignty. who. Yeas 31 Nays 10. that was A BILL to protect all persons in the reported out of Committee on January 11. That there shall be no discrimination in civil rights or immunities among the inhabitants of any State or Territory " A week later there was a n amendment offered by Mr. line 3. along with Howard and Trumbull's amendment. The Bill a s an Act went over to the House of Representatives where it passed. the original bill was introduced on January 5. Citizenship. by the terms of your laws and the compliance with their provisions become naturalized. NYS Board of Election et al. are adopted citizens of the United States. 1866 according to the 39" Congress 1st session Senate 62. 1866 " United States in their civil rights. which is simply declaratory or what is written in the Constitution. 'that a11 persons born in the United States and not subject to any foreign power. and furnish the means of their vindication. does not depend upon complexion any more than it depends upon the rights of election or of office. after the word That.The next would be the Civil Rights Act of 1866.' insert.' " 22. . Gentlemen can find no exceptions to this statement touching natural-born citizens except what is said in the Constitution relation to Indians. Trumbull. Trurnbull to wit: "In section 1. On the question to agree to the amendment proposed by Mr." And it read: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.Strunk v. John Bingham. NYSSC Kings Cty Index No. and. excluding Indians not taxed. are hereby declared to be citizens of the United States with distinction of color." 21 .: 6500-2011 of Andrew Johnson. speaks on the amendment to the bill : " I find no fault with the introductory clause. So getting to the facts.. It was determined in the affmative. all other persons born Within the Republic. All from other lands. that every human being born within the jurisdiction of the United States of parents not owing allegiance to any foreign Strunk's Response to the Decision with OSC Page 10 of 27 APX - . and the easiest way is established by the chronological order of the legislative debate presentation starting with Representative John Bingham in 1862 recorded in the Congressional Globe of the 37th Congress 2nd session page 1639 stated: "There is no such word as white in your Constitution. are natural-born citizens.

nor shall any State deprive any person of life liberty. It is murder to kill him. I have no doubt." 25. stated . NYSSC Kings Cty Index No. or property without due process of law.." What does it mean? What is its length and breath? I would be glad if the honorable Senator in good earnest would favor us with some such definition. what rights have they? Have they any more rights than a sojourner in the United States? If a traveler comes here from Ethiopia. a s the congressional debates while they were debating the l4ul Amendment as with that for the Civil Rights act will reveal how the present use has been 100% perverted." 23. in the language of your Constitution itself. I Strunk's Response to the Decision with OSC Page 11 of 27 APX - 89 . a natural-born citizen. to President Andrew Johnson and Johnson vetoed it. You cannot murder him with impunity.Next Chronologically on to the 14th Amendment. 24. to a certain extent. from Australia. Latham stated quote: "Mr. and with such safeguards that even treason will no longer be possible within its jurisdiction. passed the bill..S W v. It was sent back to Congress.Then Senator Edgar Cowen gave a speech telling why the citizenship clause was need and certainly was not to be used to make anyone born here a citizen. overriding the President's veto. or from Great Britain.The bill was then sent. The honorable Senator from Michigan has given this subject. Speaker. he is entitled. and I am really desirous to have a legal definition of "citizenship of the United States. The Bill as proposed for the 14th amendment a t first did not provide for a jurisdictional statement in Article 1 Section 1 quote: "No State shall make or enforce any law which shall abridge the privileges or immunities if citizens of the United States. nor deny to any person within its jurisdiction the equal protection of the laws. a good deal of his attention. NYS Board of Election et al." During the debates in 1866 Congressional Globes at 2883 Mr. Is the child of the Chinese Immigrant in California a citizen? Is the child of a Gypsy born in Pennsylvania a citizen? If so. to the protection of the laws.: 6500-2011 sovereignty is. You cannot commit an assault and battery on him. Cowen. "Mr. the same a s it is to kill another man. where both houses. We are told from day to day with much seeming sincerity and a n air of the most profound political sagacity that the Union when restored must be restored upon the basis which will make it a s permanent a s the everlasting hills and a s invulnerable a s the throne of the Eternal. we seem to have fallen upon a n age of theories.

I ask are the people of California powerless to protect themselves? I do not know that the contingency will ever happen. that it should have the power. I do not believe anybody would agree to that. in a broad and general sense." "It is perfectly clear that the mere fact that a man is born in the country has not heretofore entitled him to the right to exercise political power. to be a n elector. "I think the Honorable Senator from Michigan would not admit the right that the Indians of his neighborhood would have to come in upon Michigan and settle in the midst of that society and obtain the political power of the State. but is it proposed that the people of California are to remain quiescent while they are overrun by a flood of immigration of the Mongol race? Are they to be immigrated out of house and home by Chinese? I should think not. if she deems it proper. He is not entitled. NYSSC Kings Cty Index No. and wield it. NYS Board of Election et al. but they are in possession of the country of California. and if they have a n opportunity of pouring in such an immigration a s in a short time will double or treble the population of California." And he goes further to state: "I have supposed... "As I understand the right of the States under the Constitution at present. of different traditions. I do not know that there is any danger to many of the States in this Union.Strunk v. to his exclusion. but that if it were overrun by another and a different race. of different religion. it would have the right to absolutely expel them. perhaps. but it may be well to consider it while we are on this point. of different manners. have any higher rights than the people of China. further. to forbid the entrance into her territory of any person she chooses who is not a citizen of some one of the United States. California has the right. It is not supposed that the people of California. and particularly essential to the existence of a free State. different tastes and sympathies are to come there and have free right to locate there and settle among them. and if another people of a different race." 26. Now who among the framers of the 14th Amendment had no clue or inclination on the issue of illegal immigration and inclusion of anchor babies? Howard and Trumbull argued for the inclusion of the term "and subject to the jurisdictionn would be applied and agreed that there would not be a new definition of the term jurisdiction to be interpreted and applied in the proposed amendment to be declaratory of the Strunk's Response to the Decision with OSC Page 12 of 27 . that it was essential to the existence of society itself. not only of declaring who should exercise political power within its boundaries.. He has a right to the protections of the laws. by virtue of that.: 6500-201 1 apprehend. but he is not a citizen in the ordinary acceptation of the word. .

That is what it means. It settles the great question of citizenship and . although born within the limits of a State. gentlemen cannot contend that a n Indian belonging to a tribe. of course. These were natives. so far a s the usage of the Government is concerned . is by virtue of natural law and national law a citizen of the United States. That question has long since been adjudicated..Strunk v. As distinguished from aliens or foreigners. Certainly. and subject to the jurisdiction thereof. coextensive in all respects with the constitutional power of the United States. Lyman Trumbull in 1866. in the Congressional Globe 2893 said "The provision is. Chairman of the Judiciary Committee and author of 13th Amendment.: 6500-2011 current law. NYSSC Kings Cty Index No. it was never doubted that all children born in a counhy of parents who were its citizens became themselves. include persons born in the United States who are foreigners.' That means 'subject to the complete jurisdiction thereof.The Supreme Court of the United State (SCOTUS)in Minor v H a ~ ~ e r s e states tt "The Constitution does not. the same jurisdiction in extent and quality a s applies to every citizen of the United States now. In response Senator Jacob Howard responds in concurrence: "I concur entirely with the honorable Senator from Illinois. the Civil Rights Act. whether exercised by Congress.. is subject to this full and complete jurisdiction. with the nomenclature of which the framers of the Constitution were familiar. are citizens." 29. who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States. say who shall be natural-born citizens. Some authorities go further and include a s citizens children born within the jurisdiction without reference and include as citizens children born within the jurisdiction without reference to the citizenship of their (p168) parents.' Now does the Senator from Wisconsin pretend to say that the Navajoe Indians are subject to the complete jurisdiction of the United States? What do we mean by 'subject to the jurisdiction of the United States. but will include every other class of persons. Resort must be had elsewhere to ascertain that. in holding that the word 'jurisdiction. or natural-born citizens. aliens. in words. and subject to their jurisdiction. As to Strunk's Response to the Decision with OSC Page 13 of 27 APX - 91 .?' Not owing allegiance of anybody else. ought to be construed so a s to imply a full and complete jurisdiction on the part of the United States. NYS Board of Election et al..' a s here employed. that 'all persons born in the United States. and that a s such Mr. that is to say." 28." 27. Howard said of the "citizenship clause" quote: "This amendment which I have offered is simply declaratory of what I regard as the law of the land already that every person born within the limits of the United States. This will not. by the executive. or by the judicial department. At common law.. What exactly did "subject to the jurisdiction thereof mean to the framers of the 14th Amendment? Mr. citizens also. upon their birth.

is part of the law of this State. This is a case of the fvst impression in the United States.only that of Vattel. It is sufficient for everything we have not to consider that all children born of citizen parents within the jurisdiction are themselves citizen" (Emphasis added) 30. 8 Cranch 253 (1814) Mr. is more explicit and more satisfactory on it than any other whose work has fallen into my hands. Further search will verify that the term Law of Nations is mentioned a t least a dozen times on the page and the author Vattel is sighted along with each and no other authorities related to law of nations is cited . 111 "M'Kean. NYSSC Kings Cty Index No.That in the SCOTUS case The Venus.Strunk v. it only remains for the Court to pronounce sentence upon you. NYS Board of Election et al. wherewith they were done. The natives or natural-born citizens are those born in the country of parents who are citizens. and malice. " Strunk's Response to the Decision with OSC Page 14 of 27 APX - 92 . 12 U. This sentence must be governed by a due consideration of the enormity and dangerous tendency of the offences you have committed. and subject to its authority. the provocation given. until his most Christian Majesty shall declare. bound to this society by certain duties. though not very full to this point.S. and the authority of writers. they equally participate in its advantage. and all other circumstances which may anyway aggravate or extenuate the guilt. of the quality and degree of the offended and offender. that the reparation is satisfactory '3. that the Defendant cannot be imprisoned. says: "The citizens are the members of the civil society. in its full extent. we conclude.' The foregoing answers having been given. and succeed to all their rights. that those laws have been violated. For the purposes of this case it not necessary to solve these doubts.: 6500-2011 this class there have been doubts. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens. Chief Justice. The answer to the last question is rendered unnecessary by the above answer to the second question. Chief Justice Marshal stated "Vattel who." The Chief Justice goes on to say: "Therefore. there can be no doubt. deliberation. and is to be collected from the practice of different Nations. This law. 32.The SCOTUS Case Respublica v DE L O N G C M S 1 US 111 (1784) 1 Dall. It must be determined on the principles of the laws of nations. of the willfulness. but never a s to the first. those children naturally follow the condition of their fathers. The first crime in the indictment is an infraction of the law of Nations.if the offenses charged in the indictment have been committed. " 31. which form a part of the municipal law of Pennsylvania. and .

and it is presumed as matter of course. of parents who are citizens." 34. in consequence of what it owes to its own preservation. The natives.As is to be found in The Law of Nations: or. and these become true citizens merely by their tacit consent." Constitution. NYS Board of Election et al. Jr.Strunk v. and Gray had sabotaged his later ruling in Wong Kim Ark from that held in Minor v Happersett of 1874.: 6500-2011 33. By the Thirteenth Amendment of the Constitution. as to the citizenship of free negroes (Scoff u Sanford. and succeed to all their rights. and subject to it authority. That in Elk v Wilkins 112 US 94 (1884) Argued April 28. 3 Strunk's Response to the Decision with OSC Page 15 of 27 --- APX . 1884 it seems that Justice Horace Gray knew the law in 1884 but by the time Wong Kim Ark came along 15 years later he had forgotten it! Quoting Justice Gray from the SCOTUS Elk v. by which 'no person. on entering into society.' And "The Congress shall have power to establish a uniform rule of naturalization. bound to this society by certain duties. The country of the fathers is therefore that of the children. reserve to children the right of becoming members of it.93 - -- . they equally participate in its advantages. Chester Arthur was born in Fairfield Vermont in 1829. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens. The society is supposed to desire this. upon which there had been a difference of opinion throughout the country and in this Court. NYSSC Kings Cty Index No. reads: "The citizens are the members of the civil society. The main object of the opening sentence of the Fourteenth Amendment was to settle the question. Section 8. Article 1. except a natural born citizen or a citizen of the United States a t the time of the adoption of this Constitution shall be eligible to the office of President. those children naturally follow the condition of their fathers. are those born in the country. that each citizen .That the question posed is why do the usurper's propagandists use the decision in regards to Wow Kim Ark where the law went astray? They are pulled towards corruption in that nearly 100 years earlier then usurper Chester Arthur (F3F) appointed Justice Gray to chief justice to succeed Oliver Wendell Holms. 1843 meaning that Chester Arthur was not born to citizen parents therefore was not a natural-born Citizen. Principles of the law of nature by Emer de Vattel Joseph Chitty at Section 2 12. Article I1 Section 1. slavery was prohibited. 1884 and Decided November 3. but looking at his father's naturalization papers he didn't become a citizen until August 3 1. It seems that the people challenging Chester Arthur then were right all along. Wilkins: "The distinction between citizenship by birth and citizenship by naturalization is clearly marked in the provisions of the Constitution. or natural-born citizens.

Now why would that not be expected also of citizens born here? If you are born to two citizens parents. 100 US 303. NYSSC Kings Cty Index No. Slaughterhouse Cases 16 Wall 36. that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince. West Virginia. 38. white of black. that I will support and defend the Constitution and laws of the United states of America against all enemies." 36. you must take the oath. potentiate. and whether formerly slaves or not. and owing no allegiance to any alien power. a n oath. your allegiance is passed down. Strauder v. state or sovereignty. Immigrants becoming citizens must take a n oath of sole allegiance to the USA.That the Court's ipse dixit probing and gratuitous bias shown in the transcript from August 22. Plaintiff strenuously objects to Justice Schack's use of the Jesuit's Social Justice Antonio Gramsci / Palmira Togliatti model to marginalize and debase Plaintiff a s if a n opponent with disparagement tactics glommed from Luciferian Saul Alinsky to single Plaintiff out a s if part of a special class called "Birther" to be considered out of kin.Strunk v. simple a s that! Vattel's authority a s a n institutional writer extended to the USA where he was cited in court cases between 1789 and 1820 no less than 92 times on matters pertaining to the law of nations. of whom or which I have heretofore been a subject or citizen.: 6500-201 I 19 Howard 393) . 83 US 73. born or naturalized in the United States. If you are not born to two citizen parents. and subject to special treatment for speech and thoughts that do not adhere to the socially accepted norms of political correctness by a so-called collective majority. and to put it beyond doubt that all persons. that I will bear true faith and allegiance to the same . NYS Board of Election et al.1n the matter of the immigrant taking the Oath to be a citizen of the United States of America: "I hereby declare. should be citizens of the United States and of the state in which they reside. that I perform noncombatant service in the armed forces of the United states when required by the law that I will perform work of national importance under civilian direction when required by the law. 35. foreign and domestic. 201 1 appears a n attempt to obscure and obfuscate the content of the Strunk's Response to the Decision with OSC Page 16 of 27 . and that I take this obligation freely without any mental reservation or purpose of evasion so help me God. that I will bears arms on behalf of the United States when required by the law. PLAINTIFF SINGLED OUT BY COURT 37. 100 US 306.

infringement. Mitchell. shall not be construed to deny or disparage others retained by the people. In sum. Connecticut (1965): "The Framers did not intend that the first eight amendments be construed to exhaust the basic and fundamental rights. Justice Arthur Goldberg (joined by Chief Justice Earl Warren and Justice William Brennan) expressed this view in a concurring opinion in the case of Griswold v. 94-95. The Court strays beyond the guidelines of acceptable norms of prescribed belief and practice that disparages and defame Plaintiff along with those similarly situated individuals otherwise protected by the Bill of Rights that with the 14th Amendment to the U.. NYS Board of Election et al. United Public Workers v. And....95 . in indicating that not all such liberties are specificallymentioned in the &st eight amendments. Constitution require that no State act to single out a person for special treatment a s if part of a pseudo class based upon outrageously absurd characterizations. the subsequently enacted Fourteenth Amendment prohibits the States as well from abridging fundamental personal liberties. the Ninth Amendment simply lends strong support to the view that the "liberty"protected by the Fifth and Fourteenth Amendments from infringement by the Federal Government or the States is not restricted to rights specifically mentioned in the first eight amendments.: 6500-2011 Complaint per se. Constitution 9th Amendment: The enumeration in the Constitution.Ninth Amendment constitutes an independent source of rights protected from infringement by either the States or the Federal Government .is in itself sanctionable action for disregard of justice administered without favor that infringes Strunk's 9th Amendment(4) rights and liberty both in his private person and public citizen self apart from a supposed majority or collective.. NYSSC Kings Cty Index No.. 75. is surely relevant in showing the existence of other fundamental personal rights.Strunk v." Strunk's Response to the Decision with OSC Page 17 of 27 APX .S. as well as federal..While the Ninth Amendment . of certain rights. 330 U." Some jurists have asserted that the N i n t h Amendment is relevant to interpretation of the Fourteenth Amendment.S. now protected from state.originally concerned restrictions upon federal power.. it would be entitled The Manchurian Candidate Meets The Da Vinci Code. such as quote "If the complaint in this action was a movie script.and indeed the entire B i l l of Rights . Cf.S." along with the pure invention of a characterization of "Natural Born Citizenn that both cherry picks and skews history and actual meaning for the willful purpose to debase and belittle Plaintiff and his sworn statements on which this case is based . the Ninth Amendment.. I do not mean to imply that the . and despite Plaintiffs objection U.

instead uses "natural born" 25 times in the Complaint appears with "citizen" or "citizenship" and a t no time in the Complaint had Plaintiff separated the use of the words "natural born* from the term of art "natural born citizen". @Hare and Justice Sonia Sotomayor who served together on the NYC agency to disburse taxpayer funds. NYSSC Kings Cty Index No. The Court even mocks Strunk in the August 22. Peterson a s to the SMOM program. a t Paragraph 109 in footnote reference to Knight of Malta Peter G . a t Paragraph 76 in reference to Fr. Judge Schack proceeds to further debase and dehumanize Plaintiff a s self-represented and that infers that Plaintiff is a kook bigoted incoherent frivolous litigant that somehow is primarily motivated by his biase against Catholics and Islam a s a pure invention on Justice Schack's part rather than the truth. 201 1 transcript when Plaintiff infers while attaining the highest rank of Eagle Scout can only support 10 of the Boy Scout laws not 12 (no longer "obedient" and *reverent") a s to the injury sustained against him by Defendants' acts. 40. As further evidence of the Court's bias.As a matter of record Plaintif& use of the term "Catholic" appears 13 times in the Complaint a s the only way to clarify Defendants association and intent: first appears a t Paragraph 49 a s the stated religion of McCain's wife and children. and thus shows how Justice Schack's arbitrary and capricious decision is shaped to debase and color Plaintiff. In the Complaint the term "natural citizen" was never used. N Y S Board of Election et al.Strunk v. 39.: 6500-201 1 that somehow Plaintiff had been swayed by popular movies rather than facts and historical evidence of Defendants acts a s the reason for filing the Complaint. a t Paragraph 117 in reference to published S W ' s Response to the Decision with OSC Page 18 of 27 rl APX . law and justice. at Paragraph 75 in reference to published religious reference to Fr. 41. and at the footnote (1) in reference to strategy of putting Catholics on SCOTUS.% . Paragraph 106 a s a quote of expert Count Vittorio Vivaldi 111 of Venice Italy in reference to the 632 AD writing of the Koran. O'Hare intent of support for BHO.

meaning "on the whole". "according to the whole" or "in general". meaning "universal") comes from the Greek phrase. or wide sympathies.- APX - % - - a7 -- .The fact is that Plaintiff is not a Christian or religious of any description nor does he even believe that the supposed person "Jesus" even existed in that the name would have been "Joshuan instead and that otherwise a s a Hebrew would not even have been permitted a Bar Mitzvah with such barbarian name "Jesus" is ridiculous. capitalism. all-embracing" or "of the Roman Catholic faith" as "relating to the historic doctrine and practice of the Western Church.Affirmant reads the works of Plato and characterizes himself a s a "liberal catholicn by practice and belief. ROME HIJACKED USE OF THE GREEK TERM CATHOLIC 42. a t Paragraph 144 footnote reference to George Soros and the Vatican Bank landing bank J P Morgan for BHO foreign funds. it has a rich history and several usages. (ii)liberal. In the context of Christian ecclesiology.: 6500-201 1 educational background of Zbigniew Brzezinski." . and is currently used to mean the following: (i)universal or of general interest. Liberals espouse a wide array of views depending on their understanding of these principles. . in that the word catholic (derived via Late Latin catholicus. The word in English can mean either "including a wide variety of things. human rights. contrary to the hijacking of the term by Rome. from the Greek adjective. NYSSC Kings Cty Index No. free and fair elections. and is a combination of the Greek words meaning "about" and meaning "whole". and for the record the word "Catholicn was first used to describe the Christian Church in the early 2nd century to emphasize its universal scope. liberal democracy.Strunk v. religious free exercise.. N Y S Board of Election et al. Strunk's Response to the Decision with OSC Page 19 of 27 --. inviting and containing strong evangelism. it derives its English meaning directly from its root. or (iii)inclusive. having broad interests. but generally liberals support ideas such as constitutionalism. and a s for Liberalism (from the Latin liberalis) is the belief in liberty and equality. In non-ecclesiastical use. 43.

Paul. fictional!) characters. such a s the Herods. all the Josephs. or Rabban Gamaliel I. Gamaliel(s1.. whom he called Simeon. were all the creation of the Calpumius Piso family.: 6500-201 1 and moreover. NYSSC Kings Cty Index No. who was a leading authority in the Sanhedrin in the mid 1st century CE. apostles. 5 The Fr. all the disciples. and grandson of the great Jewish teacher Hillel the Elder.[2] and a daughter. the Roman procurators. and John the Baptist--are all fictional.- APX _ p _ _ _ _ - 98 -- . and that the Pisos created the story and the characters. CHRISTIANITY AND THE NEW TESTAMENT A CREATION OF ROME 44. after his father. etc. whose daughter (i. Ford Foundation funded Gamaliel community organization and mentor to Defendant Obama.e. who were Roman aristocrats. whose organization is the namesake of the RCC that canonized Saint Gamaliel the Elder. The New Testament and all the characters in it--Jesus. all the Marys. Gregory Galluzo S. and they connected it with some peripheral actual people. He was son of Simeon ben Hillel. He fathered a son.Strunk v. NYS Board of Election et al.J. in addition to Frank Marshal Davis. Gamaliel is celebrated as Hebrew name meaning reward o a Pharisee doctor of Jewish Law. Plaintiff believes that after the destruction of the second Temple in 70 AD by Titus and Roman in the so-called First Jewish War that Judaism per se ended as an active religion and with the banishment of the Hebrews from their Temple and from Judea renamed Acre with the Second Jewish War a s prosecuted by Emperor Hadrian Judaism a s reduced eliminated the Pharisees and started the Rabbinical tradition that was then after 70 AD integrated along with the Five (5)Books of Moses by the New Testament written starting with Gospel of Mark by someone with the penname Josephus and with agreement with those Pharisees in the Diaspora and mosaic would await rebuilding the Third Temple resolution a s is ongoing now with Defendants use of the USA government establishment of USA state religion with the Oslo Accords. they tied the story into a specific time and place in history. Acts of the Apostles speaks of Gamaliel as a man of great Strunk's Response to the Decision with OSC Page 20 of 27 . and Christianity. The name Gamliel is the Greek form o f the f Go@ that in the Christian tradition.That based upon information and belief "The New Testament" the Church. and died twenty years before the destruction of the Second Temple in Jerusalem (70 CE). But Jesus and everyone involved with him were created (that is.Gamaliel's granddaughter) married a priest named Simon ben Nathanael.

Lucius Piso. Annaeus Seneca. had both married Arria the Younger (from her grandfather's name. They were the Calpurnius Pisos. and Jewish mtblication Society. lived and ruled.000. tutor and confidant of Emperor Nero. Rome's aristocracy felt itself confronted with a growing problem.Y. They feared that Judaism would become the chief religion of the empire.47. ( 6 ) Approximately half or more of the Jews lived outside Palestine. Jews numbered more than 8.. The Jewish religion was continuing to grow in numbers. N. 1 1 1 . Joseph. vol. adding ever more proselytes. 9 St. who were descended from statesmen and consuls.: 6500-2011 n 45. Augustine. pp 33-34. Modem Library. that the family headed by Seneca's friend. and were 10% of the population of the empire and 20% of that portion living east of Rome. respect who spoke in favor of arrested Christian apostles and the Jewish Law teacher of Paul the Apostle. 1943. suggested in a letter to his friend Lucilius (a pseudonym of Lucius Piso) that lighting candles on Sabbaths be prohibited. Further.000. was confronted n with a n allied problem more personal to it. pp 87-89. From Jesus to Paul. A Social and Religious History of the Jews.6. Augustine in his City of God (9) (although the (8)Seneca quotation does not exist in Seneca's extant writings) as charging that: "the (Sabbath) customs of that most accursed nation have gained such strength that they have been now received in all lands. Random House. of which many were descended from proselytes. the conquered have given laws to the conqueror. City of God. Pfess. This made Gaius and Lucius Piso's wife the great-granddaughter of Herod the Great. 1. Columbia Univ."" 46. Strunk's Response to the Decision with OSC Page 21 of 27 - APX - 99 -- . A d Lucilium Epistulae Morales. 1950. 7 Baron. is later quoted by St. 1952.11. that in the middle of the first century of our present era. Epistle XCV. Macmillan Co. male and female. Vol. Philidephia. 8 Seneca." (7) However. leaders of the family. NYS Board of Election et al. Gaius and Lucius Calpurnius Piso. pp 170-171. 6 Klausner. Aristobulus). Judaism's ethics and morality were incompatible with the hallowed Roman institution of slavery on which the aristocracy fed.Strunk v. The Roman author. NYSSC Kings Cty lndex NO. Salo. and from great poets and historians a s well. Further.. p 202.

detailed in the historian Tacitus. But this attempt failed when he aborted the plot. and that he exiled Piso's young son Anius [spelled "Arius" herein). Nero had Piso and Seneca and their fellow conspirators executed by forcing them to commit suicide. Annals. Piso wished to strengthen his wife's family's control of the Judaeans.: 6500-201 1 47. That post also gave him command of the legions controlling Judaea. which were the foundation both for the rapid spread of the religion and for the zealot's refusal to be governed by Rome's puppets.54. (C. The Pisos mocked. They found it in the Jewish holy books. '0 " Tacitus. Epistle XLVI. they felt a new "Jewish" book would be the ideal method to paclfy the Judaeans and strengthen their in-laws' control of the country. religious-minded Judaean zealots were staging insurrections against the Herodian rulers of Judaea who were Piso's wife's relations. The result was the Pisonian conspiracy to assassinate Nero.71 Seneca. NYS Board of Election et al. I. The Pisos searched for a solution to the two problems. Further." (11) Nero sent young Piso to Syria a s governor. 48. and Nero opposed the plan. but marveled at.E. XV. and in 66 with the pseudonym Cestius Gallus. He was encouraged by his friend Seneca (10) and assisted by his wife's kinsman. Therefore.Further. a s motivation in this charade. His own "history" records his service in Judaea in the year 65 under the name of Gessius Florus.D. Ad Lucilium Epistulae Morales. Nero's mistress (later his wife) Poppea was pro-Jewish. the Jewish belief in their holy books.).100 - . Vol. young Persius the Poet. Strunk's Response to the Decision with OSC Page 22 of 27 APX . repeatedly. that about the year. 60 A. pp 299-300. which no longer exists. NYSSC Kings Cty Index No. who appears in Tacitus under several names. including "Antonius Natalis.Strunk v. Instead. the first version of the Gospel of Mark. Lucius Calpurnius Piso composed Ur Marcus.

. and to send Licinius Mucianus to serve in Syria. See also Tacitus. Histories 111. The Pisos. Piso's identity as thus also a Flavian is decipherable from the appearance in the Flavian family line of L. I6 Tacitus. and Vespasian sent him (17) (now appearing in Tacitus with the name Marcus Antonius Prirnus (18)) south 12 Having destroyed the Temple. footnote 2. NYS Board of Election et al.That was an alias (likeThrasea Paetus) of Piso's father. Gavin. had married Arria Sr. 23. However.74-81. L. Histories 11. SO. Some FlaVian Connections. (14.101 . Then in 68 Nero was assassinated by his own slave Epaphroditus (13. Piso could then have Jesus (whom he was predating to 40 years before the Temple's destruction) prophecy the destruction because of the Jews' rejection o f him! (Mat. (15) The were joined by Frontinus and Agricola. Mucianus. and Vespasian to Judaea to put down the Jewish revolt.Strunk v. Further.- APX .54.37-38). 13 Roman historians (Suet. but Galba in turn was soon overthrown by Otho. l7 (Tacitus)Vespasian relied on Piso because he was grandson of his own brother-Vespasian's brother.55.2. 14. Caesennius Paetus (Townend. Nero's reaction was to exile him instead to Pannonia. See page 20 supra. and Tiberius Alexander all joined ranks behind Vespasian to seek to overthrow Vitellius.29) explain merely that Epaphroditus assisted the emperor's suicide.: 6500-2011 49. That is the true reason Piso used the literary pseudonym of Flavius. Annals XV. Licinianus Piso. who was Piso's maternal grandmother. NYSSC Kings Cty Index Na.. Strunk's Response to the Decision with OSC Page 23 of 27 -. Nero 49. to command a legion there. ' 5 Tacitus. Calpurnius Piso. his 12th legion was caught by the zealots in the Pass of Beth Horon and almost lost.62. l4 Tacitus. Otho das then overthrown by Vitellius-at which point Piso l and his friends began to flock together against the latter. 1961). it was not because of his alleged-but untrue and hardly necessary-adoption by Emperor Flavius Vespasian. and Dio Cassius 63. --who unknown to his master was young Piso's lackey. (Austria-Hungary). Histories I. Journal of Roman Studies LI. footnote 1. Flavius Sabinus. wherein Piso himself also is mentioned as a Caesennius Paetus. Galba became emperor and named Piso's cousin. T. and that Arius Calpurnius Piso was still commanding the 7th legion in Pannonia (16. as his intended successor. He was in fact a Flavian. that this Arius Calpurnius Piso deliberately provoked the Jewish revolt in 66 so he could destroy the Temple in Jerusalem (lZ)--forthe Jews were unwilling to accept his father's story and thereby become pacified by it a s it was intended.

6). Histories 111. Annals XIII. and then several years before Seneca's death. Tacitus' caustic description of Marcus Antonius Primus remind one o f Piso.Emperor Caius Caligula appropriated Gaius Piso's wife at Piso's marriage. Meanwhile. Caligula is known to have been a descendant of Mark Antony (MarcusAntonius). but of all the Josephs. It was Piso himself in his Jewish War IV. 5. The idea to call Piso "Antonius Primus" --was his own. His exploits as General Marcus Antonius F'rimus account for his absence from Judaea in the years 67-69. XXV). He particularly enjoyed assuming the identity of Joseph.E.Then it was at this point that Arius Calpurnius Piso wrote. as well. 51. Rather than being Vespasian's prisoner in chains. Annals XIII-XW)-and therefore of Lucius Piso. In the mid50's (C. 4.E.. According to Suetonius (Livesof the Caesars. advancing on Rome in his behalf. Strunk's Response to the Decision with OSC Page 24 of 27 - APX . He was Nero's Praetorian Prefect.: 6500-201 1 across the Alps to overthrow Vitellius. sent thousands more to slavery and gladiatorial combat and death. That would have been about the year 36--the year before Arius' birth. the following: Gospel of Matthew (70-75 C.) Gospel of Luke (85-90 C. Marcus Antonius Primus' colleague in the campaign against Vitellius is named Arrius Varus (Tacitus. NYSSC Kings Cty Index No. Book IV. rearranged. 27. Histories 111. felt the identity of a second Joseph secretly. the friend of Seneca (Tacitus.) Present Gospel of Mark (75-80 C.9) under the name of Arrius Varus. in fictional form. He did so. 2 . Also Josephus inserts "Antonius" (himselfl)as a centurion who dies at the capture of Jotapata (Jewish War 111. Piso succeeded in defeating Vitellius' army and secured Rome for Vespasian. NYS Board of Election et al. King of Armenia--serving there (in Tacitus. Wishing to create a Jewish hero.6).102 - . B u m s reappears as BaRaBbaS.This is yet another alter ego of Piso himself.). the fictional brigand in Mat. he (and his father before him).(lg)Mucianus arrived and promptly sent him to Judaea to help Titus at the siege of Jerusalem. while in his late teens. then the Temple. 1 9 The same device of rearranging consonants was used in recreating AiYanius Burrus. and in 70 they assaulted the city. a savior. he was his general.E.E. The realization that Marcus Antonius F'rimus was a pseudonym of Arius Calpurnius Piso is based on these factors: 1.495 who first detailed Antonius Primus' campaign for Vespasian against Vitellius. the main body of Vespasian's legions marched overland under Mucianus from the east towards Rome. Seemingly Suetonius was teasing at the questioned paternity of Piso's alter ego creation. between his defeat as Cestius Gallus and his reappearing to assist Titus as the siege of Jerusalem in 70. 3. fit them. 6. a s the four Hebrew letters (Yud Vov Sarnech Fey) which in that Is (Tacitus. slaughtered many thousands.The name in Pliny's letters under which Piso is the latter's wife's grandfather is Arius Antoninus. For their name Piso had the same four letters.Strunk v. burned it. in sequence. with help of Pliny the Younger) in the gospel story he inserted himself by playing the role of not only Jesus.333). was himself a victim of the emperor. but very aptly. young Piso was a prefect of a cohort of legionnaires in the campaign against Vologeses.16.

and then outrageously granted Joel Graber of the Attorney General Office representing the NYS Board of Elections and its officers of the State a n opened ended extension of time to respond to the Complaint until after the decision was rendered. Thus they saw themselves a s the new Joseph. This is insight into the Inquisition and role of Jesuit Militia too. 201 1 hearing on various motions to dismiss therein granted. 2012 decision was issued with intentional delay and disparagement of Plaintiff personally eight (8)months after the August 22. That is why so much of the story of Joseph in Egypt is secretly redone and inserted into the gospel story of Jesus. the State or Plaintiff among others present. and writs and process ought to be granted freely and without delay. nor denied. NYSSC Kings Cty Index No. on payment of the fees established by law. Neither justice nor right should be sold to any person." 53. 201 1. JUSTICE ADMINISTERED WITHOUT FAVOR AND SPEEDILY 52. That the Court's April 11.Strunk v. nor deferred. NYS Board of Election et al. whereupon at the public hearing forced off the record by the Court despite appearance of counsels for parties there speaking and being granted relief by the Court even though Justice Schack ardently refused to allow any transcript record of germane testimony from Marshal Bell for the Brzezinski family.: 6500-201 1 language spelled the name Joseph.That Plaintiff sought justice administered without favor and speedily to prevent delay as time is still of the essence with imminent ongoing irreparable harm now further injuring Plaintiff along with those similarly situated when after more than 60 days Plaintiff forced a n appearance at the OSC preliminary hearing of October 25. That the Court there denied Plaintiffs request to supplement the complaint with new evidence arid transactions that have occurred subsequent to the Strunk's Response to the Decision with OSC Page 25 of 27 . and with Plaintiff's motion to consolidate denied. fundamental right to quote: " Justice to be administered without favor and speedily. shows Justice Schack's biased intent to delay and deny speedy justice to all Parties and especially violates Plaintiff fundamental NYS Civil Rights Chapter 6 Article 2 "Bill of Rights" §lo. to a l l persons requiring the same.

he should have learned to know ' evil.g. he said.S.: 6500-201 1 August 22. since he governs mind by mind. Plaintiff contends a s to the behavior of the Court that based upon The Republic by Plato Translated by Benjamin Jowett in Book 2 in regards to Plato's comparison of Physicians and Judges in that one cares for the constitution of the body and the other the constitution of the mind and spirit states: But with the judge it is otherwise. and to have gone through the whole calendar of crime. the honourable mind which is to form a healthy judgment should have had no experience or contamination of evil habits when young. because they have no examples of what evil is in their own souls. he said.Strunk v. And this is the reason why in youth good men often appear to be simple. that is the ideal of a judge. Therefore. NYSSC Kings Cty Index No. but from late and long observation of the nature of evil in others: knowledge should be his guide. 201 1 hearing e. that the NYS BOE admits to continued use of "Born a Citizenn 14th amendment citizenship eligibility to seek office of POTUS rather than that required by U. the judge should not be young.. Yes. not from his own soul. Yes. 54. NYS Board of Election et al. only. Strunk's Response to the Decision with OSC Page 26 of 27 . I said. Constitution Article 2 Section 1 paragraph 5 "natural-born citizen" status a s instruction to any person seeking ballot access in the New York 2012 Presidential election cycle and despite the New York State Assistant Attorney General Joel Graber's refusal of Plaintiff's tender offer to settle in front of Defendants' Counsels there to hear the offer to settle the case specifically "were the NYS BOE to change the website instruction from 'Born a Citizen' back to 'Natural-born citizenn Plaintiff would then merely only seek expense reimbursement . they are far too apt to be deceived. not personal experience. and to have associated with them from youth upwards. he ought not therefore to have been trained among vicious minds. and are easily practised upon by the dishonest.in order that he may quickly infer the crimes of others as he might their bodily diseases from his own self-consciousness." was rejected by the State thereby binding Plaintiff and other Defendants to further action.

and as to those matters I believe it to be true.2015 Strunk's Response to the Decision with OSC Page 27 of 27 _ APX .rejected and imposes unnecessary costs and expense upon all concerned. 201 1. and that Plaintiff contends t h e foregoing applies to the State's agents misapplication and administration of laws and duties that have facilitated Defendants action with impunity that has inflicted individual injury upon me specifically. NYS Board of Election et al. books and records. and for further and different relief as the Court may deem necessary herein.: 6500-201 1 CONCLUSIOH IN FAVOR OF RECONSIDERATIOX That PIaintiff wishes that the Court reconsider the decision and hear the settlement offer offered the State that as a result of admissions of prior acts and transactions that have occurred after the filing of the Complaint back on March 22. 01606089949 Qualified in Kings County Commission Expires March 37. NYSSC Kings Cty Index No. The grounds of my beliefs as to a l l matters not stated upon information and belief are as follows: 3rd parties.184 _ / - . 2011to settle in the presence of Defendants counsels for the State to change the instruction from "Born a Citizen" to ?Natural-born C i t i z e n nwas . except as to the matters therein stated to be alleged on informatian and belief.Strunk v. and personal knowledge. Sworn to before me This %aY of May 20 12 KAMAL P. and since the tender offer by Plaintiff on October 25. and know the contents thereof apply to me as the same is true to my own knowledge. SON! Notary Public. and that the additional transactions and evidence presented by P l a i n t i f fmust be entered into the record for the purpose of appeal were the Court to deny reasonable settlement. State of New York No.

NW Washington D.. Re~ch Esq. My place of business is located at 5 c. Am over 18years of age and not a b. : 6500-2011 X . ~ ~ depose b and e say i n under ~ penalty of perjwy: v~l~ ~d ~ a . of SIMPSON THACHER 8a BARTLE'IT LLB 425 Ludngton Avenue New York New York 10017-3954 RITA C.New York 10006-3791 ERIC T. X COUNTY OF KINGS Accordingly. -against- AFFIDAVIT OF SERVICE NEW YORK STATE BOARD OF ELECTIONS et al. by USPS service upon Defendants' Counsels. I caused each copy with proper postage for service by regular mail of listed counsels and where each envelope was deposited with the USPS for s e ~ c upon: e E r i c a Burke.C. DUGAN 787 Seventh Avenu%& York.u t Commlssron ~ x p i m . and Damel S. AAG Assistant Attorn General Special Litigation Counsel Litigation Bureau 120 BROADWAY 24th Floor New York. New York 1081-0332 - MICHAEL CARDOZO Corporation Counsel of City of New York By.CHLARENS ORSLAND. New York 10152-3500 HARRIS BEACH.luly : t o @ Com~~SiOner of Deeds ... JAN WITHOLD BARAN ESQ. 1776K Street. PLLC By THOMAS J.2012. New York 11553 of WILLKIE FARR 86 GWACHER LLP JAMES C.BOWIN. The OMNI 333 Earle Ovington Blvd.JOEL GRABER. and THOMAS W . of McGUIRE WOODS LLP 1345 Avenue of Americas.2012 for the case Strunk u NYS BOE et al.'REME COURT OF THE STATE OF NEW YORK iUNTY OF KINGS - Index N o .STANDARD. New York 10105 WLEY REIN LLP -TODD A. Su~te 1700 New Y o r k . Esq. Esq.Esq. 7th Floor New York.PC -Christopher J. TOBIN. d 1 ~ u ~duly ~ sworn. 2-9363 CertificateFifed in K~ngs c . 20006 RABINOWITZ. 10019-6099 MARSHAL BELL. STATE OF NEW YORK ) ) ss. of CAPLIN 86 DRYSDALE. Esq.histopher-Earl:Strunk in esse. d. Suite 901 Uniondale. PLATNTLFFS MFfDAViT I N RESPONSE TO THE ORDER TO SHOW CAUSE WHY SANCTIONS AND COURT COSTS SHOULD NOT BE LEVIED RATHER TIfANS m affirmed MAY 3. KIRBY ESQ. Esq. W S County of Kings Supreme Court with index 6500-201 1 . Latell Esq.2012. BROMBERG ESQ.Y. Assistant Corporation Counsel New York City Law Department 100 Church Street New Y o r m w York 10007 ABRAHAM HELFENBAUM City Of New York NO.V S K Y & LIEBERMAN. On April May 3. I. N. On May 3. Defendants. SCHNEIDERMANAttorney General of NYS by. GARRY. CHARTERED 375 Park Avenue 3 5 t h Floor New York.45 Broadway. Esq. Plaintiff.

J... Barack Hussein Obama. DINAPOLI. JR. JOSEPH P.a Steve Dunhain). Brooklyn. Fr.k. BIDEN. AQUILAf Cormnissioner. DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK. PETER G. JAMES A. ERIC SCHNEIDERMAN. heId in and for the County of Kings. at the Courthouse. FREDERICK A. WALSHfCo-Chair. Deputy Director STANLY ZALEN. MARK BRZEZINSKI. STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW APX . EVELYN J. JOSEPH A.. RUTH NOEMI COLON. PETERSEN-. 0 . ANDREW CUOMO. JR. JOSEPH R.k. in their Official and individual capacity. Deputy Director TODD D.J. Part 27 of the Supreme Court of the State of New York. S.k.At an IAS Term. PARKES. GREGORY P. VALENTINE. O'HARE. S. at Civic Center. PETERSON/ Coinmissioner. a..a. SOEBARKAH (a. DECISION & ORDER -againstIndex No.ZBIGNIEW KAIMIERZ BRZEZINSKI. on the I I th day of April 20 12 PRESENT: HON. NANCY PELOSI. CHRISTOPHER-EARL STRUNK. 6500/11 NEW YORK STATE BOARD OF ELECTIONS. ARTHUR SCHA Justice. THOMAS P. New York. in esse Plaintiff.106 .a Barry Soetoro. SCHWARZ. KELLWCo-Chair. Fr. a. DOUGLAS A.

OBAMA FOR AMERICA. it would be entitled The Manclzurian Candidate Meets The Da Vinci Code.13 14 . Senator JOHN MCCAIN. Defendants. Attorney Genera1 ERIC . including President BARACK OBAMA. PENNY S. former House of Representatives Spealcer NANCY PELOSI. Governor ANDREW CUOMO. BRZEZINSKI. IAN J. T?3E NEW YORK STATE REPUBLICAN STATE COMMITTEE. OBAMA VICTORYFUND. JOHN AND JANE DOES. PRITZKER.YORK STATE.25 If the coinplaint in this action was a movie script. JOHN A. BOEHNER. The following papers numbered 1 to 25 read on this motion: Notice of Motion and Notice of Cross-Motion and and Affidavits (Affinnations) Opposing Affidavits (Affirmations) Reply Affidavits (Affirmations) Papers Numbered: 1 . Vice President JOSEPH BIDEN. MCCAINPALIN VICTORY 2008. THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY. THE SOCLALIST W O E R S PARTY. Pro se plaintiff CHRISTOPHER- EARL STRUNK brings this action against numerous defendants.21 22 . MCCAIN VICTORY 2008. ROGER CALERO. STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE. GEORGE SOROS. JOHN SIDNEY MCCAIN 111. Speaker of the House of Representatives JOHN BOEHNER. and XYZ ENTITIES.

engaged with the assistance of other defendants in an extensive conspiracy. Plaintiffs central allegation is that defendants President OBAMA and Senator McCAIN. but most especially against the Vatican. Section I. on behalf of the Roman Catholic Church to defi-aud the American people and usurp control of the Presidency in 2008. Thirteen motions are pending before the Court.SCHNEIDERMAN. GEORGE SOROS and six New York State political parties. the NEW YOFX STATE BOARD OF ELECTIONS. forty-five page variation on "birther" cases. Constitution.108 - . Plaintiff STRUNK alleges seven causes of action: breach of state constitutional fiduciary duty by the NEW Y O N STATE BOARD OF ELECTIONS and public officer defendants. denial of equal protection for voter expectation of a correct ballot. Comptroller THOMAS DI NAPOLI. who were all members of the New York City Campaign Finance . Plaintiff STRUNK's complaint is a rambling. baseless diatribe against defendants.O.--- - APX . containing 150 prolix paragraphs. in at times a stream of consciousness. PENNY PRITZKER. JR. SCHWARZ. vitriolic. and particularly the Society of Jesus (the Jesuit Order}. denial of substantive due process for voter expectation of a correct ballot. despite not being "natural born" citizens of the United States according to plaintiffs interpretation of Article 11. billionaires PETER PETERSEN. the Roman Catholic Church.A. Most of plaintiff STRUNK's complaint is a lengthy. Clause 5 of the U.S. interference with the right to a republican form of government by the two Jesuit defendants and defendant F..

Clause 5 of the U. defendant Speaker - APX -109 - . defendant GEORGE SOROS. and. enjoining the Jesuits from interfering with the 2012 elections. The eleven individual defendants or groups of defendants are. and. including: enjoining the NEW YORK STATE BOARD OF ELECTIONS from putting Presidential candidates on the ballot for 2012 unless they provide proof of 1 . defendants MARK BRZEZINSKI and IAN BRZEZINSKI. S. Plaintiff requests a declaratory judgment and a preliminary injunction against defendants. pursuant to Article 1 that this eligibility certification be submitted to the Court for proof of compliance. defendant Representative NANCY PELOSI. Vice President JOSEPH BIDEN. Section 1. ordering eligibility. Constitution. OBAMA FOR AMERICA and the OBAMA VICTORY FUND. a scheme by all defendants for unjust enrichment. MCCAIN-PmIN VICTORY 2008 and Senator JOHN MCCAIN.Board. alleged to be more than $12 billion. ordering expedited discovery to determine the scope of damages. all represented by counsel. defendants Tf-IE SOCIALIST WORKERS PARTY and ROGER CALERO. defendants MCCAIN VICTORY 2008. ordering a jury trial for punitive treble damages. interference with plaintiff's election franchise. a scheme to defraud plaintiff of a reasonable expectation of successfbl participation in the suffrage process. in chronological order of filing their motions to dismiss: defendants President BARACK OBAMA. Various defendants or groups of defendants. present eleven motions to dismiss and one motion to admit an attorneypro hace vice for this action.

. The cross-motion to consolidate this action with Strunk v Paterson. defendant ZBIGNEW BRZEZINSKI.. and FREDERICK A. The eleven motions to dismiss assert: plaintiff STRUNK laclts standing. S. MCCAIN-PALIN VICTORY 2008 and Senator JOHN MCCAIN. defendants Father JOSEPH A. Index No. et at. Strunk v Paterson. Justice Schmidt disposed of Strunk v Paferson. for Todd E. and defendant PETER G. 29642108. by counsel for defendants MCCAIN VICTORY 2008. et al. is denied. in the Kings County Special Election Part.. plaintiff STRUNK fails to plead fkaud with particularity.J. S. Index No. O'HARE. before Justice David Schmidt. Index No. plaintiff STRUNK fails to state a claiin upon which relief can be granted. Esq. plaintiff STRUNK is barred by collateral estoppel from pursuing this action. the Court lacks both personal and subject matter jurisdiction in this action. Index No. JR. Phillips. 29642/08.J. SCHWARZ. Father JOSEPH P. and. the action is frivolous.110 . et al. is a disposed case. 0. defendant PENNY PRITZKER. plaintiff STRUNK cross-moves to consolidate the instant action with a similar "birther" action filed by him. 29642108.JOHN BOEHNER. a member in good standing of both the California and District of Columbia bars. on the grounds APX . Many of the defendants oppose consolidation because Spunk v Paterson. Further. The motion to admit counselpro hace vice for the instant action. et al. PARKES. PETERSEN. 29642/08. Defendants who oppose plaintiffs cross-motion are correct. is granted.

fails to state a claim upon which relief can be granted. and. as to whether or not the Court should award costs and/or impose sanctions upon plaintiff STRUNK for his fiivolous conduct. Furthermore. WALSW Co-Chair. JAMES A. defendants. APX . is enjoined ffom commencing future litigation in the New York State Unified Court Systern against: the NEW YORK STATE BOARD OF ELECTIONS. DOUGLAS A. an opportunity will be given to counsel for defendants to present detailed records of costs incurred by their clients in the instant action. pursuant to 22 NYCRR § 130-1. plaintiff STRUNK alleges baseless claims about defendants which are fanciful. The eleven motions to dismiss are all granted and plaintiff STRUNK's instant coinplaint is dismissed with prejudice. plaintiff STRUNK's instant action is fiivolous. KELLNER/Co-Chair. At the hearing. this Court lacks subject matter jurisdiction and personal jurisdiction over most. Therefore. Moreover. failure to join necessary parties and laches. plaintiff STRUNK. delusional and irrational. is barred by collateral estoppel. the Court will conduct a hearing to give plaintiff STRUNK a reasonable opportunity to be heard. fails to plead fraud with particularity. fantastic. It is clear that plaintiff STRUNK: lacks standing.111 . It is a waste of judicial resources for the Court to spend time on the instant action.of collateral estoppel. AQUILAI . who is not a stranger in the courthouses of New York. if not all. As will be explained. EVELYN J.1. Also.

JOHN SIDNEY MCCAIN 111.J. MCCAN VICTORY 2008. PRITZKER. GREGORY P. BARACIC H. SCHWARZ. the Supreme Court of - APX - . OBAMA FOR AMElUCA. ZBIGNIEW IUIMZERZ BRZEZINSKI. JR..Commissioner. the STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE. 0. VALENTINE. Deputy Director TODD D. PENNY S. MARK BRZEZINSIU. THOMAS P. OBAMA VICTURYFWD. Backp-round Plaintiff STRUNK previously commenced similar actions in the United States District Court for the Eastern District ofNew York and this Court. JR. in their Official and individual capacity. OBAMA. JOSEPH R. ANDREW CUOMO. BRZEZINSIU. SOCIALIST WORKERS PARTY. BOEHNER. Father JOSEPH A.. GEORGE SOROS. S. the NEW YORK STATE REPUBLICAN STATE COMMITTEE. ROGER CAZERO. S. PETER G.. FREDERICK A. BIDEN. the NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY. O ' W . and MCCAIN-PALIN VICTORY 2008. without prior approval of the appropriate Administrative Justice or Judge. DINAPOLI and RUTH NOEMI COLON. IAN J. and Deputy Director STANLY ZALEN. NANCY PELOSI. JOHN A. ERIC SCHNEIDERMAN.J. PARKES. the STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE. PETERSEN. Father JOSEPH P.. the DEOMCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK. PETERSON/Commissioner. the .

Judge Ross cited two prior 2008 Eastern District cases filed by plaintiff STRUNK in which "the court has determined that portions of plaintiffs coinplaints have contained allegations that have risen to the irrational. Kings County. Index No. J.20 11. otherwise contrary to United States Constitution Article 2 Second 1 Clause 5 [sic]" and demanded "Defendants are to provide proof that Barrack Hussein Obama is a natural born citizen and if not his electors are to be stricken from the ballot [sic]. plaintiff STRUNK accused the NEW YORK STATE BOARD OF ELECTIONS of "misapplication and inisadministration of state law in preparation for the Noveinber 4. as cited above. at page 6 of her decision. by denying all of plaintiff's motions and noting that the statute of limitations expired to join necessary parties President OBAMA and Senator MCCAIN. in footnote 6. in 7 5 1 of the complaint. disposed of that matter. Justice Schmidt.the State of New York.). failure to state a claim and frivolousness. EDNY. Justice Schmidt \ APX . et al. 28. Index No. in Strzknk v Paterson. et al.113 - .2008. on March 14. of "failure to obtain and ascertain that Barrack Hussein Obarna is a natural citizen. Oct." My Kings County Supreme Court colleague. Further. among other things." Judge Ross. held "the court finds that portions of plaintiffs affidavit rise to the level of the irrational" and. the Court dismissed the action because of plaintiffs lack of standing. Ross. 08-CV4289 (US Dist Ct. 29642/08. In that action..2008 Presidential General Election" by. In Spunk v New York State Board ofEIections.

Pritzker. his sons Mark and Ian. These allegations are familiar to anyone who follows the "birther" movement: President OBAMA is not a "natural-born" citizen of the United States. Richard Durbin and others. Jr. 0. Jesuits Fathers: Joseph P. President OBAMA is actually a citizen of Indonesia. John A. Boehner. . Plaintiff STRUNK alleges. Plaintiff STRUNTC's complaint recites numerous baseless allegations about President OBAMA. . that President OBAMA: is a Madrasah trained radical Sunni Muslim by birth right . Hillary Clinton. the President is a radical Muslim. or all of the above. commenced the instant action by filing the instant verified complaint. plaintiff STRUNK. Then. 201 1. Zbigniew Brzezinski. For example. with the full knowledge and blessing of Defendants: Peter G. . Peterson. on March 22. O'Hare. and. Nancy Pelosi. George Soros. Joseph P. the United Kingdom. in '1/ 24 of the complaint. eight days later.denied plaintiff an opportunity to file affidavits of service nzdncpro tune and to amend the complaint. Kenya. practices Shariah law . [sic] . Parices. Brennan Center Executive Frederick A. the President's Hawaiian Certificate of Live Birth does not prove that he was born in Hawaii. .. Schwarz. John Sidney McCain 1 1 1 . Penny S.

. plaintiff STRUNK alleges. in $1 28 of the complaint. as well as the 2008 presidential candidates fkom both major parties. . invention of the Vatican. . Further. and all acts by the usurper are void ab initio . and as a prima facie fact ineans the Hawaii issued COLB does not prove 'natural born' citizenship or birth in Hawaii. LLP masterminded the conspiracy because she wrote a law review article about the U. They range from claiming that an associate at the large law firm of Kirkland and Ellis.2009 by registered mail (rendering BHO the USURPER as Plaintiff is entitled to characterize BHO as) on the grounds that he had not proven hiinself eligible .a serious problem! [sic] Plaintiffs allegations are strongly anti-Catholic. Constitution's natural born citizen requirement for the off~ce of President to the assertion that Islam is a seventh century A.Then. . with numerous absurd allegations. in 7 129 of the complaint. anti-Muslim and xenophobic. plaintiff STRUNK alleges that President OBAMA "or his agent(s) as part of the scheme to defiaud placed an image of Hawaiian Certification of Live Birth (COLB) on the Interest . S.D.115 ---- . only a longform document would [sic. that he: is the only person in the USA to have dulyJiredfired9red BHO president OBAMA] on January 23. The APX .]" Plaintiffs alleged vast conspiracy implicates dozens of political and religious figures.

however in furtherance of CFR [Council on Foreign Relations] foreign policy initiatives in the mid-east supported Soebarkah president OBAMA] as a Muslim [sic]. in 7 43 of the complaint. that defendant Vice President BIDEN knew that President OBAMA was "not eligible to run for president because he is not a Natural-Born Citizen with a British Subject Father with a student visa. the complaint 9 APX . in fi 44 of the complaint. plaintiff STRUNK alleges. This resolution put to rest questions about Senator MCCATN'S eligibility to run for President. while his father was on active duty in the United States Navy at Coco Sola Naval Air Station.complaint weaves the occasional true but irrelevant fact into plaintiffs rambling stream of consciousness.S. citizens at birth. plaintiff STRUNK. This resolved unanimously that Senator MCCAIN. in the complaint. Moreover. is a natural born citizen of the United States. that Senate Resolution 5 11 "is part of the scheme to defraud" and "a fraud upon Congress and the People of the several states and territories contrary to the facts. born in 1936 in Panama. then-Senator OBAMA's April 2008 co-sponsorship of Senate Resolution 511. in 7 22 of the complaint. However. Plaintiff STRUNK discusses. plaintiff STRUNK alleges." Then." Also. cites Senate Resolution 5 11's text as evidence that President OBAMA concedes that the definition of natural born citizenship for President requires both parents of a candidate be U.116 _____-__-- . Further.

were also ineligible. in 7 52 of the complaint. voted for the electors representing . Among the entities that Plaintiff STRUNK implicates in his alleged conspiracy are: the Muslim Brotherhood. "as part of the scheme to defraud. not a natural-born U. McCain . was born in Colon Hospital. Senator MCCAIN is not a natural-born citizen. with the aim of bringing about the Apocalypse through the destruction of the A1 Aqsa Mosque in Jerusalem and the re-building a new Jewish Temple on that site. at the behest of the Roinan Catholic Church and especially the Jesuits. . alleges that the inassive conspiracy to defraud American voters was perpetrated by hundreds of individuals. that according to the November 18.2008. in 7 49 of the complaint. which was not in the Panama Canal Zone. Plaintiff voted for Candidate McCain despite the fact that his wife is a most devoted Roinan Catholic whose two sons were educated by Jesuit priests. Panama. Further. by which the United States obtained the Canal Zone." Further. citizen." Plaintiff alleges. as a victim of the scheme to defraud. is "[tlhat on November 4. in his final twenty pages of the complaint. for President because of their failure to qualify under the natural born citizen requirement. Plaintiff. that Senator MCCAIN. like then-Senator OBAMA. Plaintiff STRUNK. in 7 47 of the complaint. in 5 1 of the complaint. . .S. PIaintiff s alleged injury.alleges that JOHN MCCAIN and ROGER CALERO. Colon. . plaintiff alleges. presidential candidate of the SOCIALIST WORKERS PARTY. . 1903 HayBunau Varilla Treaty.

the Brennan Center for Justice at NYU. alleges that defendant GEORGE SOROS "proves his allegiance to Rome by promoting Muslim Brotherhood overt control -- APX . LLP. to preclude any other contender in preparation for a banking and sub-prime mortgage collapse that requires subsuming the sovereignty of the people of the united States of America and New York to International Monetary Fund conditionality with loss of the dollar reserve currency status. and collapse of the living standards of the vast majority of the Americans to that of a third world status. Halliburton. [sic] Plaintiff S T R W . as a matched set of contenders then under joint coinmand and control. Treaties. McCain 111. the CFR.the Carlyle Group. Petersen as then Chairman that act with the Jesuit Order by the oath of allegiance superior to the United States Constitution.- . Kirkland and Ellis. plaintiff STRUNK states: That inembers of the Council on Foreign Relations including Peter G. For example.118 -. and various States' Constitutions that starting no later than January 2006 sought to usurp the executive branch of government using Barack Hussein Obama I1 and John S. and. in a 139 of the coinplaii~t. in 7 9 1 of the complaint.

I held oral arguments on the record with respect to the thirteen instant motions. failed to state a claim upon which relief can be granted. with the release of his long-form Hawaiian birth certificate. pp. failed to plead fraud with particularity.. plaintiff STRUNK. pursuant to APX . .20 11. in 7 145 of the coinplaint alleges that "Defendants Pritzlter and Soros have managed a crucial role for the Vatican State as a member of the CFR and high level Freeinasonry and in conjunction with King Juan Carlos (the King of Jerusalem) to create global regionalisin that subsuines national sovereignty of the USA and the People of New Yorlc state to the detriment of plaintiff and those siinilarly situated [sic].of Egypt . .119 . plaintiff STRUNK. However. the same year the Order created Opus Dei in Spain [sic]. et al. 30 ." Further. 231. Further. 29642/08. p. On August 22. We cannot forget that the Jesuits in Cairo created the Musliin Brotherhood in 1928." eligible to run for President of the United States. arguing that plaintiff STRUNK: lacks standing. plaintiff STRUNK agreed with the Court that President OBAMA. argued that a "natural born citizen. in response. was born in Honolulu. At the hearing. Index No. at tr. defendants argue that the Court lacks both personal and subject matter jurisdiction and the instant coinplaint is frivolous.." Eleven defendants or groups of defendants filed motions to dismiss. is barred by collateral estoppel. and. filed an affidavit in opposition to the motions to dismiss and moved to consolidate the instant action with Strunlc v Paterson. Plaintiff.31. Hawaii [tr.

I guess he didn't agree with you because he's still there. Section 1.p. The following exchange at the oral arguments took place. McCain. so it was my responsibility.S. The onus is on me because he violated his agreement with me. STRUNK: after he went through the whole exercise. - APX . since everybody in Congress. THE COURT: Obama's presidency? You're saying he should have challenged Mr. Obama MR. p. STRUNK: THE COURT: My injury. THE COURT: I saw your letter that you Fred the President. MR. and the ballot.120 - . 35. I voted for McCain. since they didn't want to know about anything. You can't challenge the eligibility until he's up to be sworn.Article 1 1 . line 25 . means that not only the candidate is natural born.. I fired him by registered inail within 72 hours. at tr. line 16: MR. Clause 5 of the U. Is that an injury? My injury is he did not challenge Mr. but both of the candidate's parents are natural born. Constitution. STRUNK: Absolutely. 34.

MR.8: THE COURT: a radical Sunni Muslim? How could you come to the conclusion that he's MR. The following colloquy took place at tr.. STRUNK: Because that's what his records show and that's what the testimony of individuals who were in class with him show. I think you said she's Catholic faith.. pp. I know that. p. That doesn't make her a Catholic MR. lines 4 .A discussion ensued as to how plaintiff STRUNK alleges that President OBAMA is a Muslim [tr. STRUNK: She is the largest distributor of Budweiser. 43. fxst of all you said there was a connection there where you say Cindy McCain says she's a Catholic. 36 . STRUNK: those connections. TEE COURT: necessarily. at tr.p. I don't know if she is. 39. It's the connection that counts. The following portions of the exchange. 37.121 . Your don't get - APX .381. p.. line 8 demonstrates the irrational anti-Catholic bias of plaintiff STRUNK: THE COURT: What I find fascinating. line 9 . Cindy McCain.

. okay. MR. but it seems to me you have this theory that everything is a conspiracy and it always falls back to Rome. You said she's a Catholic and you get into this whole riff or rant. . . STRUNK: That's a matter of public record. What the key is here. STRUNK: Could very well be. it turns out in the discovery of the % . APX . I don't care. In fact. .122 -- . about the Catholic Church and Father O'Hare. MR. I don't Imow if the Busch family is Catholic. .THE COURT: . . S T R W : Board of Directors for a Jesuit run school where her children are going to school. whatever you want to call it. . McCain is on the THE COURT: MR. You go on and on about the Vatican . Let's put Anheuser-Busch to the side. . . Oh. STRUNK: THE COURT: That's big business. the Vatican. That's big business selling beer . Ms. I don't know. THE COURT: MR.

STRUNK: THE COURT: The old? With Frank. STRUNIC: THE COURT: . STRUNK: Frankenheimer? He directed the original Manchurian Candidate THE COURT: movie. The Manchurian Candidate according to you and the school of the Vatican. We require to have honesty and didn't get it. THE COURT: With all due respect to John Frankenheimer. THE COURT: MR. MR. not Denzel. putting up two Manchurian candidates at once.connection to the Jesuits it was so compelling that when I started really digging into the background of this scheme of defraud. MR. Frankenheimer? 1962 movie. which would take advantage of New York State's weakness in our law which required honesty. The Da Vinci Code is a phoney book. MR. by that way it describes the gist of your argument. STRUNK: Your case is more The Da Vinci Code.

You mentioned The Manchurian Candidate. I was aware of the movie at that point. and I think that The Da Vinci Code.124 .Okay. STRUNK: The Manchurian Candidate was not a work of fiction. but . STRUNK: THE COURT: MR.I didn't want to get into this area. to make some interesting argument. that's a work of fiction. This is the one with Frank Sinatra? And Laurence Harvey.MR. STRUNK: No. forget it. They MR. MR. 1 understand that. The Queen of Diamondsf Now you've brought . The work . MR. THE COURT: Let's not get into analogies. I understand you have various arguments but it seems to all come back to Rome.. STRUNK: THE COURT: MR. STRUNK: THE COURT: have it in the movie. STRUNK: THE COURT: I've used it as a pejorative. At least I think it's a work of fiction. it comes back to New York State and whether I have standing in the Supreme Court of the State of New York APX .

570-57 1 [2005]). that's your argument. 96 NY2d 300. and determine only wl~ether legal tlteory' (see Arnav Indzis. 5 NY3d 56 1.on the question of who's going to take responsibility to enforce the law which has not been done. 43 NY2d 268. Felder & Steiner. Leon v Martinez. Standard for a motion to dismiss "When determining a motion to dismiss. the court must 'accept the facts as alleged in the complaint as true. Inc. in Morris v Morris (306 AD2d 449. instructed that: In determining whether a complaint is sufficient to withstand a motion pursuant to CPLR 32 11 (a) (7). and if froin its four corners factual allegations are discerned which taken together manifest any cause of action cognizable at law a motion for dismissal will fail" (Gziggenheimer v Ginsbz~r*g. Fultl~er.303 [2001]. accord plaintiffs the benefit of every possible favorable the fncts as allegedfit within any cognizable inference. Milstein." (Goldrnavl v Metropolitan Life Ins. THE COURT: Okay.. 275 [1977]. the Court. Raysrnan.45 1 [2d Dept 2003]).. 84 NY2d 8 3 . Co. "the sole criterion is whether the pleading states a cause of action. The court must accept the facts . Retirement Trust v Brown. 8 7 4 8 [I 9941) [Enzphrrsis adden].

153 AD3d 727. (See LoPresti v Massachusetts Mut." (Residentsfor a More Beautiful Port Washington. Life Ins. Levin v Isayeu. "The allegations in the coinplaint cannot be vague and conclusory.alleged in the complaint to be true and determine only whether the facts nllegedjit within any cognizable legal theory (see Dye v Catholic Med. Hart v Scott. 27 AD3d 425 [Zd Dept 20061. or sweeping legal conclusions cast in the form of - APX . 525 US 953 [1998]).729 [2d Dept 19891). 248 AD2d 525 [2d Dept 19981.. cert denied by Stoianofv New York Times. v Town ofNorth Hempstead. accept legal conclusions. 273 AD2d 193 [2000]). Ctr. of Brookfyn & Queens. unwarranted inferences. bare legal conclusions are not entitledto the benefit of the presumption of truth and are not accorded every favorable inference (see Doria v Masucci. 30 AD3d 474 [2d Dept 20061. Co. Inc. [Emplzasis a@dea For a plaintiff to survive a motion to dismiss for failure to state a cause of action." (Sraianoflv Gahona. However. Plaintiff STRUNK's complaint must be dismissed because the "Court need not. and should not. the factual allegations in the claim cannot be "merely conclusory and speculative in nature and not supported by any specific facts. 8 AD3d 532 [2d Dept 20041).126 . app dismissed 92 NY2d 844 [1998]. 230 AD2d 764 [2000]). baseless conclusions of law. unwarranted deductions.

Mark Hampton. (Ulmann v Norma Kamali. Siinilar lawsuits challenging the eligibility of President OBAMA and Senator MCCAIN for the presidency based upon plaintiffs incorrect interpretation of the term "natural born Citizen" in Article 11. been dismissed as a matter of law. Nassau County 20051). cert denied 540 US 1017 [2003]).S. Clause 5 of the U. Inc.. 574 F Supp 2d 509 [ED Pa 20081. Hollander v McCain. 100 NY2d 801 8 12 [2003]. 2009 WL 3861788 [US Dist Ct. v Bergreen. v Pataki. 5 136.. a f d 586 F3d 234 [3d Cir 2009). Constitution have 1 . at 232 [4d ed] . however. Plaintiff STRUNK lacks standing Plaintiff STRUNIC lacks standing to sue in state court." (Goode v Charter Oak Fire Ins. Plaintiff STRUNK'S complaint is more of a political manifesto than a verified pleading.factual allegations. 173 AD2d 220 [Id Dept 199l]). It is clear that the facts alleged by plaintiff STRUNK do not fit into any cognizable legal theory. (See Drake v Obama. Professor David Siegel. 8 Misc 3d 1023[A]. 207 AD2d 691 [Id Dept 19941. Berg v Obama. Inc. having suffered no injury. at 2 [Sup Ct. CD CA 20091. The plaintiff who has standing. may cross the threshold and seek judicial redress. Section 1. Inc. 567 F Supp 2d 1144 Ca 20081. Co. It is a threshold issue. the pathway to the courthouse is bloclted." (Saratoga County Chamber of Commerce. in NY Prac. If standing is denied. "Standing to sue is critical to the proper knctioning of the judicial system. 664 F 3d 774 [9th Cir 201 1 Ba~nett v Obama. 566 F Supp 2d 63 [D NH 20081). Robinson v Bowen.

. 77 NY2d 76 1." (Mahoney v Pataki. is just another way of saying that this particular plaintiff is not involved in a genuine controversy.52 120021). v County o f Sufolk. must demonstrate an injury in fact that falls within the relevant zone of interests sought to be protected by law.762-773 [1991]). ." (Caprer v Nussbaum. A want of "standing to sue. and (3) the courts therefore have no jurisdiction of the case when such a plaintiff purports to bring it." (Caprer v Nussbaum at 183). -23- APX .instructs that: [i]t is the law's policy to allow only an aggrieved person to bring a lawsuit . (2) a plaintiff found to lack "standing" is not involved in a controversy. 98 NY2d 45. in order to have standing in a particular dispute." in other words. 181 [2d Dept 20061). and a simple syllogism tales us from there to a "jurisdictional" dismissal: (1) the courts have jurisdiction only over controversies. "Standing to sue requires an interest in the claim at issue in the lawsuit that the law will recognize as a sufficient predicate for determining the issue at the litigant's request. explaining that a plaintiff. 36 AD3d 176.128 . "The Court of Appeals has defined the standard by which standing is measured. "An analysis of standing begins with a determination of whether the party seelung relief has sustained an injury (see Society ofPlastic Indus.

33 AD3 d 653. 751 [1984]). 297 AD2d 203 [lst Dept 20021). If a plaintiff lacks standing to sue. "Thus. 504 U S 555. the instant complaint. (See Diederich v Rockland County Police Chiefs' Ass'n.28 AD3d 657.534 [2d Dept 20041). to have standing. Plaintiff STRUNK's cornplaint alleges nothing more than non-justiciable abstract and theoretical claims. (Stark v Goldberg. Concerned Taxpayers of Stony Point v Town of Stony Point. Plaintiffs claim that his November 2008 vote for Senator MCCAIN for President was his injury is the type of generalized grievance that is foreclosed by the U. failing to state any allegation of a particularized injury. has no standing to sue." (Allen v Wright. PlaintiESTRUNK clearly laclcs standing to sue because he cannot establish an injury in fact. "We have consistently held that a plaintiff raising only a generally available grievance about government-claiming only harin to his and every citizen's interest in proper application of the Constitution and laws. 572 [1992]).3 AD3d 533. Constitution's particularized injury requirement. APX . a private citizen who does not show any special rights or interests in the matter in controversy. Therefore. other than those common to all taxpayers and citizens." (Matter of Meehan v County of Westchester." (Lujan v Defenders of Wildlife.654 [2d Dept 20061.fairly traceable to the defendant's allegedly unlawful conduct and likely to be redressed by the requested relief. "must allege personal injury. is dismissed with A. 468 US 737. the plaintiff inay not proceed in the action. and seeking relief that no more directly and tangibly benefits him than it does the public at large-does not state an Article 111 case or controversy. 658 [2d Dept 20067).S.A plaintiff.129 --- .

prejudice. at 570-571).. in Morris v Morris at 45 1. The Court is under no obligation to accept as true plaintiffs complaint.130 A - ." CPLR Rule 3014 imposes additional pleading requirements that "[elvexy pleading shall consist of plain and concise statements in consecutively numbered paragraphs. Co." Moreover. As noted above. Auth. . . Plaintiff Strunk's failure to state a cause of action Alternatively. "bare legal conclusions are not entitled to the benefit of the presumption of truth and are not accorded every favorable inference. Further. a single allegation . full of legal conclusions and bald assertions cloaked as facts. Separate causes of action or defenses shall be separately stated and numbered and may be -- APX . plaintiff has failed to plead any facts that fit within any cognizable legal theory. 55 AD3d 8 17.. Mahoney v Pataki at 52). or series of transactions or occurrences. (Ruflno v New York C i t y Tr. (Silver v Pataki at 539.s 18 [2d Dept 20081). plaintiff STRUNK's complaint must be dismissed for his failure to state a cause of action. plaintiff STRUNKYs often rambling and almost incomprehensible complaint fails to satisfy the pleading requirements of CPLR $3013 and CPLR Rule 30 14. intended to be proved and the material elements of each cause of action or defense. (Goldman v Metropolitan Life Ir?s. occurrences. CPLR 4 3013 requires statements in a pleading to be "sufficiently particular to give the court and parties notice of the transactions. as far as practicable. Each paragraph shall contain.

with its irrelevant. or series of transactions or occurrences. occurrences. affd 48 NY2d 734 [1979])." Plaintiff STRUNK's rambling. virulent anti-Catholic rhetoric and extensive political rant fails to plead his alleged causes of action in a manner that is "sufficiently particular to give the court and parties notice of the transactions. the Court dismissed an amended petition for its "complete failure to follow the dictates of CPLR 3013 or 3014. forty-five page prolix complaint. 215 AD2d 542 [2d Dept 19951). scatter-shot morass of alleged historical references. - APX ." Complaints that do not meet the pleading requirements of CPLR 5 3013 and CPLR Rule 3014 will be dismissed if "devoid of specific factual allegations" and do not "indicate the material elements of a claim and how they would apply to the case. The Court instructed that "[a]t a minimum. intended to be proved and the .131 --__--- _- ." ( M a v Becton Dickinson & Co." The Sibersky complaint consisted of "seven pages of single-spaced." and the Court held that "[ppeadings that are not particular enough to provide the court and the parties with notice of the transaction or occurrences to be proved must be dismissed. uilnumbered paragraphs. the import of which is unascertainable. a valid complaint must include all material elements of the cause of action.stated regardless of consistency.." In Sibersky v New York City (270 AD2d 209 [Id Dept 20001. In Peri v State (66 AD2d 949 [3d Dept 1979]). apro se plaintiffs complaint was dismissed for failure to comply with CPLR 9 30 13.

(McGovern v Nassau County Dept. Safer Beef Co.. 1116 [1991]).349-350 [1999]). 15 AD2d 479 [1d Dept 19611). 9 AD2d 649 [Id Dept 19591). Vermeer Owners v Guterman. (See Etu v CumberlandFarms. in which "the amended complaint is prolix. such as this one.material elements of each cause of action [CPLR 5 30131" and organized in "plain and concise statements in consecutively numbered paragraphs [CPLR Rule 30141.. Inc. 148 AD2d 821.. .744 [Id Dept 19833).132 p p - -- ." (Rapaport v Diamond Dealers. . Defendants should not be required to answer such a jumble. Club. v Northern Boneless BeeJ. ofAmerica. of Social Services." (Kent v Truman.Inc. conclusions. In a case. and difficult to answer" and the complaint contains "a confusing succession of discrete facts. neither the defendants nor the trial court should be subject to the difficulties. requiring proof by clear and convincing evidence ( c j . . 60 AD3d 1016 [2d Dept 20091. (See Geist v Rolls Royce Limited.. and considerable other subsidiary evidentiary matter whose relevance to a particular cause of action is frequently obscure . Sargiss v _ APX . Inc. 95 AD2d 743. Inc. . 78 NY2d 1114. 18 AD2d 63 1 [1d Dept 19621." "While a refined and attenuated analysis might arguably spell out a shadow of a cause of action. "The elements of fraud are narrowly defined. 94 NY2d 330. confusing." (Gaidon v Guardian Life Ins. Mere conclusory statements alleging the wrong in the pleadings are insufficient. coinments . Co. 824 [3d Dept 19891).

and (4) that the plaintiff was injured as a result of the defendant's representation.133 .Magarelli. at best. Cot-p. v Aluminum Limited Sales. (2) that the defendant knew the representations were false and made them with the intent to deceive the plaintiff. Inc. LLC v WlU.60 AD3d 1037 [2d Dept 20091. Smith v Ameriquest Mortg. The Appellate Division. Cash v Titan Financial Services. 58 AD3d 785 [2d Dept 20091).215 [2d Dept 19941). Inc. the plaintiff must establish (1) that the defendant made material representations that were false.. 343 [1996]. Sfo~za v Health Ins. 13 AD3d 332 [2d Dept 20041. Plan of Greater New York... Second Department.. Channel Master Corp. Plaintiff STRUNK presents in his complaint fraud accusations that can be. Partnership. Dumas v Firoito. (See Kerusa Co. in Giurdanella v Giurdanella (226 AD2d 342. Small v Lorillard Tobacco Co. 210 AD2d 214. 4 NY2d 403 [1958J. held that: to estabIish a prima facie case of fiaud. Inc. 12 NY3d 236 120091. (3) that the plaintiff justifiably relied on the defendant's representations.515Real Estate Ltd. 50 AD3d 1117 [2d Dept 20081. described as bare assertions.U. He does not allege that he relied upon any statements of defendants and fails to allege that he suffered any pecuniary loss as a result of the APX . 94 NY2d 43 [1999].

Thus. v Hotel Martinique Assoc. plaintiff STRUNK fails to allege the necessary elements for a fiaud cause of action. The framework for the Electoral College and its voting procedures for President APX . The mere use of the word "fraud" in a coinplaint is not sufficient to coinply with the specific requirements of CPLR 5 3016 (b) that fraud be plead with particularity.. 400 US 112 [1970]. This Court lacks iurisdiction Plaintiffs complaint essentially challenges the qualifications of both President OBAMA and Senator MCCAIN to hold the office of President. it requires the dismissal of the instant coinplaint. 343 [1963]. Under separation ofpowers. Rivera v WyckoffHeightsHosp. Security & Law Enforcement Employees. "[tlhe constitutionaf power of Congress to regulate federal elections is well established. Under New York law. 561 [2d Dept 19921).239 [1984])." (Baker v Carr. (Dress Shirt Sales. 12 NY2d 339. Burroughs v United States. This is a non-justiciable political question. 424 US 1.. 184 AD2d 558. 64 NY2d 233. AFL-CIO v Cuomo. coequal branch of government includes one issue of f New justiciability generally denominated as the 'political question' doctrine. 13 [I 9761). h c . "[tlhis judicial deference to a coordinate.134 ." (Buckley v Valeo. 290 US 534 [1934]).statements of any defendant. Therefore. AFSCME.210 [1962])." (Matter o York State Inspection. "The "nonjusticiability of a political question is primarily a function of the separation of powers. Actual pecuniary loss must be alleged in a fraud action. (See Oregon v Mitchell. District Council 82. 369 U S 186.

including objections raised by plaintiff STRUNK. Plainly. This is fleshed out in 3 USC 5 1 et seq. More specifically. Federal courts have no role in this process. a determination reserved for the Electoral College and Congress.. Thus. 4 2. which would have resolved these objections if made. This required the meeting of the joint session of Congress to count the 2008 electoral votes to be held on January 8. after the counting of the Electoral College votes. then-Vice President Dick Cheney made the requisite declaration of the election of Presidelit OBAMA and Vice President BIDEN. which details the procedures for Presidential elections. Section 1 of the U. On that day. it may involve itself in national political matters for which it is institutionally ill-suited and interfere with the constitutiona1 authority of the Electoral College and Congress. the counting of electoral votes and the process for objecting for the 2009 Presidential election is found in 3 USC § 15. as modified by Pub L 110-430. 8 20091). (155 Cong Rec H76 [Jan. No objections were made by members of the Senate and House of Representatives. Accordingly. this Court lacks subject matter jurisdiction to determine the eligibility and qualifications of President OBAMA to be President. as well as the same for Senator MCCAIN or ROGER CALERO. the political question doctrine instructs this Court . If a state court were to involve itself in the eligibility of a candidate to hold the office of President.and Vice President is found in Article 11.2009. state courts have no role. Constitution. 122 US Stat 4846. This is the exclusive means to resolve objections to the electors' selection of a President or a Vice President.S.

quoted from Justice Antonin Scalia's dissent in Morrison v Olson. viewed the principle of separation of powers as the absolutely central guarantee of a just Govermnent. .136 . With numerous other grounds present for disinissing the instant action. Constitution and articulated by Justices Jackson. Marsha11 and Scalia. in which Justice Scalia observed that "[tlhe Framers of the Federal Constitution . Siegel." as observed by Prof.and other courts to refrain froin superseding the judgments of the nation's voters and those federal government entities the Constitution designates as the proper forums to determine the eligibility of presidential candidates. 487 US 654. Plaintiff STRUNK is precluded bv collateral esto~pel Collateral estoppel or "issue preclusion. the Court will not elaborate upon how plaintiff STRUNK failed to obtain personal jurisdiction over defendants. 635 19521. in discussing separation of powers stated that "the Constitution difkses power the better to secure liberty. on the subject of separation of powers. concurring in Youngsto~vn (343 US 579. Further. in NY Prac APX ___-. Sheet & Tube Co. 697 [1988].394 [1990]). including President OBAMA and Senator MCCAIN." This Court will not disrupt the separation of powers as enunciated in the U. v Sawyer Justice Robert Jackson." Justice Thmgood Marshall. pursuant to the CPLR. .S. v Munoz-Flores (495 US 385. in his majority opinion in US. plaintiff STRUNIC has failed to properly serve defendants.

[4th ed]. although based on a different cause of action. attempts to reintroduce the same issue.137 - . a narrower species of resjudicata." Two prerequisites must be met before collateral estoppel can be raised.291 [198l]). precludes a party fiom relitigating in a subsequent action or proceeding an issue clearly raised in a prior action or proceeding and decided against that party or those i n privity. Gilberg v Barnieri. in Buechel v Bain (97 NY2d 295 [2001]. "scans the first action and takes note of each issue decided in it. whether or not the tribunals or causes of action are the same [Emphnsis added]. held that "[tlhe doctrine of collateral estoppel. against whom the doctrine is being invoked. The Court of Appeals. 53 NY2d 285. Then if the second action.$443. at 748-749. instructed at 303-304. The litigant seeking the benefit of collateral estoppel must demonstrate that the decisive issue was necessarily decided in tlteprio~ -- APX . to the way the issue was decided in the first action. collateral estoppel intervenes to preclude its relitigation and to bind the party. and there must have been a full and fair oppomnity to contest the decision now said to be controlling (see." In Ryan Y New York Telephone Company (62 NY2d 494. cert denied 535 US 1096 [2002]).500 [1984]). that: There must be an identity of issue which has necessarily been decided in the prior action and is decisive of the present action. the Court of Appeals.

et al. Ins. Mut. by stating: That this complaint is fairly traceable to the events and actions leading up to the Party primaries during the 2008 election cycle for the ballot access of the Presidential slates at the November 4. Inc.action against a party. [Empizasis added] (See D 'Arata v New York Cent. Co.138 .. v Atlantic Mut. Plaintiff STRUNK litigated many of the issues in the instant action in US District Court. Franklin Dev.of Part 1 APX .65 AD3d 1226. Westchester County Correction Ofleers Benevolent Ass 'n. 46 N ~ 2 481.664 [1990]. before Justice Schmidt. 76 NY2d 659. NYS Supreme Court in the County of Kings with Index No. He acknowledged this. Strunk v Paterson. Llkscher ex. 1227 [2d Dept 20091. in f 2 of the instant complaint. 29642-08 before the Honorable David I Schmidt. v Lopez. Inc. Co. 29642J08. Fire Ins. Index No. but also in the previously cited Strunk v Paterson) et al. or one in privity wifiz a patty (see.485 d supra..). 899 [Zd Dept 20091. 60 AD3d 897. v County of Westchester. The party to be precluded from relitigating the issue bears the burden of demonstrating the absence of a full and fair opportunity to contest the prior determination.2008 General Election as complained of in the related election law case. Gramatan Home Investors Corp. re1 Luscher v Arrua. 21 AD3d 1005 [2d Dept 20051). id. Co.

et al. 29642/08. Justice Schmidt.20 11. on March 14. Justice Schmidt. because ''plaintiff is collaterally estopped. et al. collateral estoppel precludes plaintiff STRUNK from pursuing the instant action. 29642/08. Then." This refers to the Eastern District action dismissed by Judge Ross. denied this motion in its entirety. in a short-form order. plaintiff STRUNK moved to reargue. et al. denied reargument because plaintiff "failed to join a necessary APX .as an election law matter. on November 19. plaintiff STRUNK.139 .201 1. attenipted to amend his complaint. [sic] As mentioned above. by denying a11 of plaintiffs motions and noting that the statute of limitations expired to join necessary parties President OBAMA and Senator MCCAIN.2008. Index No. and transfer the instant action to Justice Schmidt is denied. Justice Schmidt.201 1 short-form order. by order to show cause. After a hiatus of several years. Justice Schmidt disposed of Strunk v Paterson. in Strunk v Paterson. declined to sign plaintiff STRUNK's order to show cause to enjoin Governor Paterson from convening New York's December 2008 meeting of the Electoral College. On March 14. Denial of plaintiffs cross-motion to consolidate Plantiff s cross-motion to consolidate this action with S ~ u n v k Paterson. Therefore. Index No. in which she found the complaint frivolous. in his January 11.

The U. Plaintiff STRUNK.490 US 3 19." id.party President OBAMA and Senator MCCAIN and the statute of limitations to do so expired." Plaintiffs frivolous conduct "A coinplaint containing as it does both factual allegations and legal conclusions. Van Allen's intervention "in all respects. at 328.201 1 short-form order. but also the fanciful factual allegation. Justice Schmidt held "[tlhis is an action that was conmenced in 2008 and has remained inactive for several years and it would be improper to allow plaintiff to raise new matters before the Court after the extended period of inactivity." id.---. 109 S Ct at 1833. 109 S Ct at 1833. Justice on the ~tpcoming Schinidt denied Mr. at 325. 325 [1989]). Supreine Court. 109 S Ct at 1831. that: A court may dismiss a claim as factually frivolous only if the facts alleged are "clearly baseless. In his November 22. delusional. a category encolnpassing allegations that are "fancihl. H.." Finally. and . William Van Allen." (Neitzlze v Williams.S. alleges numerous fmciful. "fmtastic. APX 140 - - - - - ." 490 US at 127.20 11. 32-33 [1992])." Further. as cited above. irrational and baseless claims about defendants. fmtastic. citing Neitzke. an ally of plaintiff STRUM<.. held in Denton v Hernandez (504 US 25. is frivolous where it laclts an arguable basis'' and "embraces not only the inarguable legal conclusion. on November 9. moved to intervene as a plaintiff to challenge President OBAh4AYs placement 20 12 ballot.

but also to various arms of government. In Shoemaker v I% S. Accordingly." /- APX 141 . citing Neitzke and Denton. Department o m s t i c e (164 F 3d 6 19." ibid. finding that plaintiffs complaint has "a litany of sensational allegations pertaining not only to the NYPD. The Court dismissed the case. a finding of factual frivolousness is appropriate when the facts alleged rise to the level of the irrational or the wholly incredible." The Court. both state and federal.6 19 [2d Cir 1998]). because his allegations of irreparable harm are unsupported and bizarre. In Denton.- - ." Another case applying the frivolous standards ofNeikke and Denton is Perri v Bloomberg (2008 WL 2944642 [US Dist Ct. and (2) file and publicized false charges of child abuse against him. Perri has not established that he is entitled to a preliminary injunction. in which plaintiff alleged that a secret unit of the NYPD was attempting to kill him and his cats. the plaintiff alleged that he had been repeatedly raped by a number of inmates at several different prisons. all using the same modus operundi."deiusional. As those words suggest.------ -. plaintiff alleged that the government and television stations conspired to: "(1) broadcast information about his feces on national television. dismissed the action as frivolous because plaintiffs "factual claims are irrational and incredible. ED NY 2008]). The Court concluded that these allegations were ''wholly fanciful" and dismissed the claim as frivolous as a result.

Arthur's father was born in what is now Northern Ireland. see Mnur vHappersett. President OBAMA is the sixth U. 167 [I 875]). Ireland. Despite plaintiffs assertions. Rev. Article 11. "The phrase 'natural born Citizen' is not defined in the Constitution. see Charles Gordon. President Chester A.142 .S. This assertion is as frivolous as the multitude of alleged allegations outlined above. S.S. soil.S. nor does it appear anywhere else in the document.s (1968)." (Hollander v McCain at 65). L. No legal authority has ever stated that the natural born citizen clause means what plaintiff STRUNK claims it states. Section 1. as well as his opposition to defendants' motions to dismiss. Clause 5 does not state this. soil. - APX . Plaintiff STRUNK and his fellow "birthers" might not realize that: both parents of President Andrew Jackson were born in what is now Northern Ireland. Who Can Be President of the United States: An UnresolvedEnigma. Moreover. President James Buchanan's father was born in County Donegal. 1. There is no arguable legal basis for the proposition that both parents of the President must have been born on U. 28 Md. 88 US 162.Plaintiff STRUNK'S complaint. alleges that the correct interpretation of the natural born citizen clause of the U. President to have had one or both of his parents not born on U. Plaintiff STRUNK cannot wish into existence an interpretation that he chooses for the natural born citizen clause. Constitution requires a natural born citizen to have been born on United States soil and have two United States born parents.

.1 (c) states: conduct is frivolous if: (1) it is completely without merit in law and cannot be supported by a reasonable argument for an extension. in its discretion may impose financial sanctions upon any party or attorney in a civil action or proceeding who engages in fi-ivolous conduct as defined in this Part. England. . Canada. which shall be payable as provided in section 130-1. with its fanciful.President Woodrow Wilson's mother was born in Carlisle. (2) it is undertaken primariiy to delay or prolong the resolution of the litigation." 22 NYCRR 3 130-1. 202 AD2d 104. or (3) it asserts material factual statements that are false. 22 NYCRR 9 130-1. Inc. v Boymelgreen. 110 [2d Dept 19941 Iv denied 84 NY 2d 8 13 [1995]). APX . 71 AD3d 1081 [Zd . (See RKO Properties. irrational and baseless claims about defendants appears is frivolous. modification or reversal of existing law. or to harass or maliciously injure another. LLC.1 (a) states that "the Court. 77 AD3d 721 [2d Dept 20101. Therefore.---. pursuant to 22 NYCRR § 130-1. President Herbert Hoover's mother was born in Norwich.1 (c). and cannot be supported by a reasonable argument for an extension. and.143 . the prosecution of the instant action by plaintiff STRUNK. Ontario. Finkelman v SBRE. if "it is co~npletely without merit . delusional. fantastic.3 of this Subpart." (Gordon v Marrone. Conduct is hivolous and can be sanctioned. modification or reversal of existing law.

to give the courts an additional remedy to deal with frivolous conduct. Moreover. . Greene v Dorat Conference Center Associafes.I allows us to exercise our discretion to impose costs and sanctions on an errant party. L n Levy v Carol Management Corporation (260 AD2d 27. "[s]anctions are retributive. but also by the Bar at large.G.6 [1986]) observed that "fi-ivolous litigation is so serious a problem affecting the proper administration of justice. Miller v Lhgan. Ofman v Camnpos. art VI. in that they punish past conduct. 53 AD3d 565. the Court of Appeals (A. to harass" defendants. They also are goal oriented. Glenn v Annunziata. 18 AD3d 429 [2d Dept 20051. 27 AD3d 429 [2d Dept 20061. effective January 1. Further. Ship Maintenance Corp. and." (Levy at 33).144 - - . "asserts material factual statements that are false. v Lezak.33 [lst Dept 19991) the Court stated that in determining if . the courts may proscribe such conduct and impose sanctions in this exercise of their rule-making powers. . It is clear that plaintiff STRUNK's complaint: "is completely without merit in law. 1989. 3 30." (Levy at 34). Judiciary Law $ 21 1 [I] [b] ).-. "22 NYCRR 130-1." "is undertaken primarily ." Several years before the drafting and irnpleinentation of the Part 130 Rules for costs and sanctions. [2d Dept 20081.Dept 20101. 12 AD3d 581 [2d Dept 20041)." Part 130 Rules were subsequently created. 69 NY2d 1. in that they are useful in deterring future frivolous conduct not only by the particular parties. in the absence of legislation to the contrary (see NY Const. -39- _ APX . sanctions are appropriate the Court must look at the broad pattern ofconducc by the offending attorneys or parties.

Richmond County $2. fantastic. 146 Misc 2d 10) [Emphasis addedl. 22 NYCRR 130-1. Secoiid Department. irrational and baseless allegations about defendants. noted that the intent of the Part 130 Rules "is to prevent the waste of judicial resources and to deter vexatious litigation and dilatory or lnalicious litigation tactics (cJ Minister. with the coinplaint replete with fanciful. 76 NY2d 41 1.The Court. at 874.000." Citing Weinstock." This conduct. P. v Taylor (171 AD2d 869 [2d Dept 199I]). is "a waste of judicial resources. as noted in Levy. combined with plaintiff STRUNK's lack of standing.C. must be deterred. In Weinstock v Weinstock (253 AD2d 873 [2d Dept 19981) the Court ordered the maximum sanction of $10.500. delusional. Church of City ofNew York v 198 Broadway. the barring of this action by collateral estoppel and the Court laclung persona1 jurisdiction and subject inatter jurisdiction over many of the defendants. the Appellate Division.00 sanction. at 736. that "[wJe therefore award the maximuin authorized amount as a sanction for this conduct (see." To adjudicate the instant action. in Kernisan.883 [3d Dept 20061) the Court instructed that APX . in Bernadette ParazeZZa. Elders & Deacons of Refm.145 . v De Santis (36 AD3d 734 [2d Dept 20071) affirmed a Supreme Court. MD." and holding.1) calling to mind thatfrivolous litigation causes a substmtial waste of judicial resources to the detriment of those litigants who come to the Court with real grievances [Emphasis addeq. Prot.00 for an attorney who pursued an appeal "coinpletely without merit. see Steiner v Bonhamer. as "appropriate in view of the plaintiffs waste ofjudicial resources [Emphasisadde4." In Navin v Mosquera (30 AD3d 883.

He is no stranger to litigation in Supreme Court. Our courts have an interest in preventing the waste of judicial resources by a party APX . Kings County.S. at the hearing. coinplaints that "have contained allegations that have risen to the irrational. the Court will examine the conduct of plaintiff STRUNK in a hearing. Plaintiff precluded from relitipation of the same claims ." The Court should not have to expend resources on the next action by Mr.1 [c]). pursuant to 22 NYCRR $ 130-1. and to allow plaintiff STRUNK a reasonable opportunity to be heard. which resulted in findings of his engagement in frivolous conduct with.1. "courts are required to examine 'whether or not the conduct was continued when its lack of legal or factual basis was apparent [or] should have been apparent' (22 NYCRR 130-1. Civil Term.146 . an opportunity will be given to counsel for defendants to present detailed records of costs incurred by their clients in the instant action. The continued use of the New York State Unified Court System for the personal pursuit by plaintiff STRUNK of irrational complaints against defendants inust cease. Further. as stated by Judge Ross.The Court is concerned that plaintiff STRUNK continues to use the scarce resources of the New York State Unified Court Systein to fruitlessly pursue the same claims. District Court. plaintiff STRUNK has had several bites of the same apple in U." Therefore. Further.when considering if specific conduct is sanctionable as frivolous. to determine if plaintiff STRUNK engaged in frivolous conduct. STRUNK that will be a new variation on the sane theme of defendants' alleged misdeeds and misconduct.

time that this court and the trial courts can ill afford to lose (see Harrelson v United States. held: The fact that one appears pro se is not a license to abuse the process of the Court and to use it without restraint as a weapon of harassment and libelous bombardment. in enjoining apro se litigant from instituting any fbrther actions and proceedings in any court in the New York State Unified Court System. aflfd614 F2d 1288 [2d Cir 19791). The Court. at 592. citing Sassower and Kane v C i t y ofNew York. . The Kane Court. that: "[nlonetheless. Queens County 1996])." Then. 613 F2d 114). 468 F Supp 586 [SD NY 19791. a litigious plaintiff pressing a fi-ivolous claim can be extremely costly to the defendant and can waste an inordinate amount of court time.the Court.'" Pro se litigants whom abuse judicial process have had their access to the courts limited.who knows that his or lawsuit has no legitimate basis in law or fact and continues to attempt to relitigate resolved claims and issues. the doctrine of former adjudication will serve as an adequate remedy against repetitious suits. In Spremo v Babchik (155 Misc2d 796 (Sup Ct. New York County 19891). the Sassower Court observed. (Martin-Trigona v Capital Cities/ABC. 359 [2d Dept 1984]). ordinarily. 145 Misc 2d 405 [Sup Ct.. and.noted that "public policy mandates free access to the courts . Inc. The injunction herein ordered APX . . inSassower v Signorelli (99 AD2d 358. in the next paragraph.

is fully warranted to put an end to such activity . The Court in dismissing the action. Commencement of action upon action based on the same facts dressed in different garb. by bringingpro se actions devoid of merit against the s a n e defendants. apro se plaintiff commenced a fourth unsuccessful lawsuit against the State Bar Association upon various conspiracy theories. and Deputy -- APX . EVELYN J. . AQUILA/Co~nmissioner. he or she deprives other litigants of their proper share of these resources. is precluded from relitigating the same claims and issues which waste court resources and is enjoined from bringing any future actions in the New York State Unified Court Systein against: the NEW Y O K STATE BOARD OF ELECTIONS. . In Muka v New York State Bar Association (120 Misc 2d 897 [Sup Ct." Therefore. can only be explained as inalicious conduct.148 . plaintiff STRUNK. KELLNENCo-Chair. after thrice being rejected on the merits and having been repeatedly warned that the claims were barred by res judicata. at 903. based upon resjudicata. that "all litigants have a right to impartial and considered justice. Tompluns County 1983]). DOUGLAS A. A balance must be kept. Insofar as any litigant unnecessarily consumes inordinate amounts of judicial time and energy. VALENTINE. GREGORY P. JAMES A. WALSHI Co-Chair. observed.Deputy Director TODD D. PETERSON/Commissioner. with his history of abusing the civil justice system.

in Vogelgesang v Vogelgesang(71 AD3d 1132. Public policy generally mandates fiee . without the prior approval of the appropriate Administrative Justice or Judge. and MCCAIN-PAtlN VICTORY 2008.. OBAMA. SCHWARZ. the STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE. . JR. PETER G.MCCAIN VICTORY 2008. ROGER CALERO. S. ANDREW CUOMO. JOHN SIDNEY MCCAIN 111. PARKES. IAN J. PETERSEN. JOHN A. the SOCIALIST WORKERS PARTY. The Court instructed. NANCY PELOSI.. BRZEZINSKI. OBAMA VICTORYFUND. . 1134 [2d Dept 2010]). FREDERICK A. Father JOSEPH A. the NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY. the NEW YORK STATE REPUBLICAN STATE COMMITTEE. O'HARF. the STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE. action without prior written approval. THOMAS P. Father JOSEPH P..BIDEN.J. in their Official and individual capacity. DINAPOLI and RUTH NOEMI COLON.Director STANLY ZALEN.J. that: The Supreme Court providently exercised its discretion in enjoining the appellant froin filing any hrther actions or motions in the . BARACK H. OBAMA F O R AMERICA.. S.. JOSEPH R. PRITZKER. BOEHNER. GEORGE SOROS. 0. the DEOMCRATIC STATE COMMITTEE OF THE STATE OF NEW Y O N . ERIC SCHNEIDERMAN. ZBIGNIEW KAIMIERZ BRZEZINSKI. MARK BRZEZTNSKI. JR. PENNY S.

Dimeryv Ulster Sav. a member in good standing of both the California and District of Columbia bars.150 . 41 AD3d 607 [2d Dept 20071. MCCAIN-PALIN VICTORY 2008 and Senator JOHN MCCAIN. Banlc. Phillips. 60 AD3d 522 [Id Dept 20091. that the motion by counsel for defendants MCCAIN VICTORY 2008. v Timinsky. Cango v Cango. 260 AD2d 595 [2d Dept 19991. 82 AD3d 1034 [2d Dept 201 11.. However. a party may forfeit that right if he or she abuses the judicial process by engaging in meritless litigation motivated by spite or ill will (see D u f i v Holt-Harris. 235 AD2d 513 [2d Dept 19971). (See Scholar. for the instant actionpro hace vice is granted. and it is further ORDERED. to admit Todd E. Mancini v Mancini. Shreve v Slzreve. Simpson v Ptnszy~zskn. 269 AD2d 366 [2d Dept 20001. 288 AD2d 417 [2d Dept 20011.access to the courts (see Sassower v Signorelli. 87 AD3d 577 [2d Dept 201 11. that the motions to dismiss plaintiff CHRTSTOPHER-EARL T - APX . 229 AD2d 1005 [2d Dept 19961). 8 AD3d 487 [2d Dept 20041.- -- . Braten v Finkelstein. Conclusion Accordingly. Esq. Capogrosso v K a m s . 99 AD2d 358.359 [1984]). Pignataro v Davis. it is ORDERED. There is ample basis in this record to support the Supreme Court's determination to prevent the appellant from engaging in fUrther vexatious litigation.

Father JOSEPH P. defendant Speaker JOHN BOEHNER. defendants THE SOCIALIST WORKERS PARTY and ROGER CALERO. Vice President JOSEPH BIDEN. defendant GEORGE SOROS. and Deputy Director STANLY ZALEN. JR..J.STRUNK's instant complaint by: defendants President BARACK OBAMA. THOMAS P.J. defendants MCCAIN VICTORY 2008. PARKES. 29642/08. WALSW CoChair. are all granted. PETERSON/Cominissioner. DOUGLAS A. defendant PENNY PRITZKER. MCCAIN-PALIN VICTORY 2008 and Senator JOHN MCCAIN. before Justice David Schmidt. that plaintiff CHRISTOPHER EARL-STRUNK is hereby enjoined from commencing any future actions in the New York State Unified Court System against: the NEW YORK STATE BOARD OF ELECTIONS. 0 . VALENTINE. S. OBAMA FOR AMERICA and the OBAMA VICTORY FUND. KELLNEWCo-Chair. in their Official and individual APX . and FREDERICK A. defendants Father JOSEPH A. that the cross-motion of plaintiff CHRISTOPHER EARL-STRUNK to consolidate the instant action with Strunlc v Paterson. S. and it is hrther ORDERED. ANDREW CUOMO. defendants MARK BRZEZINSKI and IAN BRZEZINSKI. GREGORY P. O'HARE. Index No. is denied. ERIC SCHNEIDERMAN.. EVELYN J. and defendant PETER G. AQUILA/Coinmissioner. and it is W h e r ORDERED. SCHWARZ. DINAPOLI and RUTH NOEMI COLON.Deputy Director TODD D. JAMES A. eta!. defendant Representative NANCY PELOSI. with the instant complaint dismissed with prejudice. PETERSEN.151 . defendant ZBIGNIEW BRZEZINSKI.

OBAMA. PETER G. JOSEPH R. the NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY. OBAMA VICTORYFUND. PENNY S. MCCAIN VICTORY 2008. JOHN SIDNEY MCCAIN 111. IAN J. ZBIGNIEW KAIMIERZ BRZEZINSKI. BARACK H. and it is further to costs. NANCY PELOSI. BOEHNER. 22 4 130.. "[aln award of costs or the imposition of sanctions may be made -. ROGER CALERO.capacity. OBAMA FOR AMERICA. the SOCIALIST WORKERS PARTY. sanctions and ORDERED.. MARK BRZEZINSKI. Father JOSEPH P. BIDEN.. S. 0 . and it is further ORDERED. PRITZKER. without prior approval of the appropriate Administrative Justice or Judge. the STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE. JR. APX - 152 . Father JOSEPH A. JOHN A. the NEW YORIC STATE REPUBLICAN STATE COMMITTEE. engaged in "frivolous conducf" as defined in the Rules of the Chief Administrator. that it appearing that plaintiff CHRISTOPEER EARL-STRUNK. BRZEZINSKI.1 (c). that any violation of the above injunction by CHRISTOPHER-EARC STRUNK may subject CHRISTOPHER-EARL ST= contelnpt proceedings.1 (d).J. JR. the STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE. S.. SCHWARZ. PETERSEN. PARKES. and that pursuant to the Rules of the Chief Administrator. 22 NYCRR NYCRR 4 130-1.J. GEORGE SOROS.1. FREDERICK A. O'HARE. the DEOMCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK. and MCCAIN-PALIN VICTORY 2008.

. upon CHRISTOPHER EARL-STRUNK. . on Monday.M. NY 11201. 593 Vanderbilt Avenue. 11238 and upon counsel for all defendants in this action. SCHACIC J. Brooklyn. S. . after a reasonable opportunity to be heard. New Yorlc. in Room 479. my Principal Law Clerk.360 Adarns Street. before me in Part 27.-ST"a reasonable opportunity to be heard" and counsel for all defendants may present to the Court detailed records of costs incurred by their clients in the instant action. # 281.2012. is directed to serve this order by first-class mail. May 7. \ I HON." this Court will conduct a hearing affording plaintiff CHRISTOPHER EARL. that Ronald D. upon the court's own initiative. Brooklyn. at 2:30 P. . This constitutes the Decision and Order of the Court. &UR M. and it is further ORDERED. Bra& Esq.. C..

.gi!:>. DILLON DANIEL D ANGIOLILLO. Christopher Earl Strunk.v7th011t Ci rnEtC o r f j i a h : " r i i r r a ~ mn ~q nthe ~~ nrd~r dated October 25. r . > . ..20 11. I S".---=- = . + " f b .-. it is C2^PREFRF3 thnt t'js~ ---.RP rr-. ~z-.--. iqJv.. g .201 1. . .. $$iigs cO-r3i1ty7 ddt2& On the Court's own motion.i'.==.-.. : ? = + e3$iLt..TK v Pe'E'bV Y O & ! ! STATE 130L%3U? OF ELECTIONS - - A P X .m* -- Sqsreme Qnnrt of the B&tf~ nf NPUVork . " . .K R SKFl . . * r. is not appeal-able as of right and leave to appeal has not been granted (see CPLR 5701).. 650011 1) $sgpe& by GI2 9:aitiiiff fFam October 25. REI?=JP.-s.. (Index No. JJ. -=--.~-=r..w"**..LDOE RFY7@. s ' . = wi. & ' .r!-r!t~al iar i i a r n i ~ ~ ~ ~.J.OS ----- MARK C . ' t i &i. appellant. A.-. ---.-* ryFL""".P.. ENTER: Clerk of the Court January 3: 20 12 SRIJF.-. L M130881 Slsl WILLIAM F. = = . ordtF of SuFi-eilIs: COui.. MASTRO.=.154 1 .s::isrs12.i-. v New York State Board of Elections.h'Wi . -&LFggrc .-. .

&I22 as qplies to EL ArWk?I2 *staatrAl$eSfZ d k t * aW-yshow-aathelASP& '27 . Aaick 2 Se~tZm 1 " e born Citizen"eligibiLiQ mnirement o f '%om a citizen'' imp~periy y. fZ &k wirh New Yafk SfateEietim Law e€cs3 M c . I e8 26-100.= '- P d *tll~~w=&& 16.155 . h m * w * d m sholJLd mt be made a f f the 2012 ElBctiola cycle with i f I ' . APX .

the eligibility o f d h for fhe aBee nfPOTUS adversely or'&eXewYork Elect& Chilegee ofmmhirb b.tfproWevidence of&ficrdion eligibili~..- . 2 ---____- . % & ---> % - I % + ' - / t 1 ia 6 . & e l i g i b i l i t y ..Say 5 f Wet &axs PQTUS h.----__ -- . b. - 2 APX - 156 . AStayofatfbafIot-unlilsucht2rae%* S has providd evidezlce of q&&n d A&&&e.-- - . ~ag~r@f L o f D e f w t s NYS BOE u&= New Y& State p a E W e mB m ~ Wussein k O clfndi* b 4 ZbiguiewB w . / # .George Soms and or &a for office o fPOTUS in New YO* ~"y~fj~~dlsc~~~ofh~and~rdatedd~iatheir~~norunderits d v s M e IIfand or Xbga Galem f a &e 2008 election cyele faward.A S t a p o f & N e v Y o r k ~ s u n t i l & t i r n e a s ~ W S B u ~ ~ ~ ~ SBSX bfPY)Tv%.

157 .APX .

ticial @sparfratmi Form A .Civil See S 670.9uprernP @ l l r u d of fIp $iHfe of peht slrltk Pt03fefi&~ $&iirion : B e u r n & &d. Abuse af Process U Deciaratory Judgment Notice of CIaun ure Law 1 207 0 S e m e Law 8 9 128 z 5 N Form A RADl C h r B - - APX .Request for Appellate Division Intervention .JDIPINS 0 8 Equitable Distribu:loo 0 9 Exclusive Occupancy of D 10 E K w r t ' s Fees 1 '1 NIilrntenane&A$rmbny E3 12 M a r i t a l Status 1 3 5 Intentional Infliction of Emotional Distress 11 6 lmerferance with Contract 11 7 MaLccous R e s e ~ m a n f .3 of the rules of this coun for direcums on the use of this form (22 WCRR 6 7 0 .158 . 3 1 0 3 Licenses 0 1 Children .

pending. specify the relief requested and whether the motion was granted or denied. sign this OSC. o r application for CPLR 5704 review.that jt confi3md the express tRrrnS ofthe US &H.htkn Article 2 Section 1 irr &G instfircdons prosMVed i d a m for the office & k i d & oftbe U W S W W T U S ) - to Etator ofthe injury in fact to p-while all the &er dismisf that pending and i r d i q p l to she Stsrte response for APX . s p q m n e amowti aweram. proceeding.159 .S. briefly describe the object of t k proceeding. briefly describe the nature of . ff an application under CPLR 5704. do you ~ntend T o perfect the appeal or appeals Yes C b Me. This issue i s not ripe until candidates - G Z e norninatitlg petitions for pub& office for President of U.f-f the +peat is from an order. Set forth the Appeilate Division Cause 1Stature authorizing Gommencernent of proceeding in the AppsHate Divrsion: Court: 1 1 1 County: 1 Order of Transfer Date: !f an appeal.any candidate baause candidates money pursuant to statute and the First Amendment. Speafy the issues proposed to be raised on the appeal. brieffy describe the paper appeakd from. cavered by the annexed notice of appeat with the prior appeals? Numberfs) of any prim. in several months.13 Resenled Order Are any onperfected appsals pending in this case7 D Yes ) ( 360. -the ex 7 f m h = r-~k-w-d "10 / 25111 'QI~ Court declines tr. unperfected appeats: D If yes. if an originat prctceedtng commenced in thrs court or tsansfened pursuant to &&@on: CPLR 7804(gf. Further. - -L me court when it refused to hear the adrmssilrn OEIthe part ofthe S . The issue have a right to of -&date quzdiEc21tion is subject to Court action aRer nominating petitions are submiad and candidates afe &allen@ in CorrzZrrzZ" stAS " JSC" Ammt: Issues: if an appeaf is from a money judgment. the Court will fnotf stop fund-rai* bg.

wef~ with the &ksion of fae'dhtion that the issue is XOT to hear the rtpphdrm based upon State's admission cmrnpkunt denid a trans&$ r w 4 and denied a first amended S t a t e ' s admssim o f f a e r m ofllefbhm @ injure Plaintiff The Caurt is biasedkiwd P M for m@ie & o r & reasons jlk6hdkg t k dmactenzatirm that plai&E is m i n g a cktmkd ficrj.- -- ' The CM e n e d w h a ~ t h at s h e w t o dm% rtr&otionto~rmdconsoiid&e firstbedupon.thc S+'S admisslsno f b W n o f wrmgdoingfn prim e e o n cycle mnziiwing &to h e present election cycle anathe Court went so f8t.misrqmsr3ntedPlaintis cornp3mt and super-&posed the courts w ns e t offacts not before it.n. in which tke Cowt immtiooatly . 2 -- -- y .\ - -- T h e C o u r t d bh~appkcationwheninfact~lssaesriiisGdby&eStatearfmissionas concIusivep " f lilro CoEtTdlmgof* mcaicrzts k b e the ccrart. hen &kg r j I .

8r G W G H E R XdtP 7 6 7 -th Avenue Hew Yorkg APX .161 .

: Telephone N o .Telephone N o .162 . : APX .

Plaintiff self-represent without being an attorney 593 Vanderbilt Avenue 828 1. New York November 19.2 0 1 1 a Request for Appellate Division Intervention Affidavit of Service Brooklyn. .: 6500-2011 Plaintiff. -_______--_-_______-----~~. (845)90 1-6767 E-mail: chri. 2011 Christopher-Earl: Strunk.ws * bated: APX .entered October 2 8 .. 2 0 1 1.~~~~~~~~~ x Index No. Defendants.s@strunk. 201 1 WSC Order NOT SIGNED October 25. New York 11238. e Plaintiff's Notice o f Appeal signed November 18. in esse. Brooklyn. New York State Board of Elections et al.SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Christopher Earl Strunk.163 .

been directed to hand cany this application to you.EMERGENCY APPLICATION To Justice: addressed forthwith. These are coud documents and must not leave the ourt tho use .w-hosenext motion date is Attorney 1Movant: Proceed to Room These papers must be returned to the ex-parte office an the 10th Flortr t o be entered. This is being forwarded to facilitate act upon the validity of the emergency characterization. This case is regularly assigned to Justice: .

-.. 650 0 / 201) %intiff@) f Petitioner(sf YS.. says: 1.w " r 0x2 ? L a S L ' - *.. [Fill in Narnc{~J FEW )b&c S T BOARD 06ca.E?-TruovC e'T-&c_____--__-_-----_----D&adant(s)l Respaadeof(s) STATE OF NEW YORK f CoUNTr' O F fv er [litserf Wheresigned] & .~RC ~ X [Nil irr Nmne[@l AWN& Index No. v)J~/C t P&wL~ V d m * D I S c ~ d ( R 3 z pO .? APX .+ ?#. ..- x.~ ~ o u no p f ~e~&&nee/f?@ice] and State of New York.F ~~ECN~VF . I am about to commence a special proceeding or submit an order to show cause containing a stay and /or reStfainiog order for [me&&~ui& fie rearms why you wrmt & bemm to gnwiymr w t f ] % A P D R ~ J ~ ^ OF PVS Bae 6p ~ ~ m c f e im t t J ~ v~ ~ [ZAiQNG A P D AlKLd7 RccLFJJ. I WC. store ~ N OyP ~ r fd t ~ly &nns being duly sworn (an u t t ~ r a e ~ a h ~ t ~ practrce e d r o zn *he raderpen~lvo~pgrqv.AFFDAVFT I ATTORNEY'S A F F m T I O N IN SUPPORT OF NOTWIGATION Enstructiow: All in thr box below amiflze index n m h e r Compiefe the hebiankspncespr~nted in bold belowfolfowingrhe dtreefidnv provided Print mrd use black ink an$ SUPREME OF TBE STATE OF NEW YORK COUNTY OF KlNGS COURT C H Q ~ ~ S P.tJm.165 - .*A a ~ *+.-.. [fanow).' " *G. I reside at 549 UWDW BKT A inthcCo~tyof k / f i ~ S - [I- 1 38 ~ Y .A $ . 2..K I I ~iofi@C & ~ & f i $ Y w N m e ] ..

166 . NY.. W OF TKE PEBOiY W I T d l WHOM YOU sPQKE] LUO d) [IFBENDID YOU TELL THEM T O A P P W INCOURT -Must be a v f i e tlmebzrween9 a m 12 p. W T E RESPONSERERE- UVCLUDE TIIE h % .201( at lo @PM TLW 4.@ ~ W T W E R D DFOUDL~L?] - &&?AIL YES / NO AREA CODE @IT& ~ p U f ~ ' t c ~ ~ c 3 d .g 10 40 am )] 0 . cfis~i/& & W ~ O / N ~ 1 believe thzt there will be significant prejudice by giving notice because: [ n ~ r m REASONS] wmff /a~ O ? Y O & &'p [Ifye. cxccpt attorneys] {PRLNT YOUR NAME] Page 2 o f2 APX .I DATE : I> / r i C. ~ O 5U :~ 3 MONTH TIME ~ AM.). 10' Floor North at 360 Adams Street. fmtajtb) c) [DRI Y ~ L T R E C E ~ A R E S P O N S CIRCLE E ? ~ ONE: 0 - [IF YES.C1 3 I have notified my opposition to appear in Part 72. EOTARY PUBLIC. Brooklyn. whrn andby whom t unsuccssfut.ou nvlstyrovidea description of where. a) [ m m ~ YOU m CML OR FAX m w ? ] onme b) 20 DAY O . O ~ P D K . why you b&we yuu are enrikledfo q p & a&dn . c r [WY O F oJC . the DAY 21 of ocv%fi MONTH . s.m o r 2-3p a (e.

"f 3 .1 b I Kings Supreme Court Part 72 / Ex-Park Justice: &-%I b k h ~ c h f i L k Date: i d / z l J \ ( 0 Order to Show Cause Set i See Method of Service.167 . Set Return Dates. andor See Stay En Parte Application: Assign To: Index # of Related Action -1 2010 a Thefollowing itetli(s) are missing or defective with this applicatio~: Action Marked Stayed on Case Marked Disposed on Please Return to Ex Parte OBce I @ Floor Norfh Order to Show Cause/No~-Foreclosu ye APX .

~t IAS part a b. ~ C m q x ----Christopher --------Strunk.of e e s ~ p n m e Court of the State of New York BE& in and tor the County of Kings. I I 1 i .168 . > . $7802 in conjunction witb New York State Election Law (EL) Article $16-100. Defendants.S. : 6500 1M I1 ORDER TO SHOW CAUSE FOR A MBNDAMUS. NEW YORK STATE BOARD OF ELECTIONS.. &@$ / Index N o . $6122 as applies to EL Article 12 from before the start ofthe 2012 election c y d e Presidential primary and general election Let the respondents or their attorney show cause at the IAS Part- - . Constitution Article 2 Section I "natural born Citizen" eligibility requirement APX . STAY AND ENJUNCTION . * : Upon reading day of October 20 ' Y / . and mmorandum of law based upon the underlying Complaint filed March 22. -against- Justice of $tie Supreme Court iONGS C O m N CLEM \ FEEPe)$ 4 5 00 PMI&ii'f.w 9 at -53 o'clock in the as counsel may be heard why an order should not be made affecting the 2012 Election cycle with a. Brooklyn. . A hkidsmus of the Hew York State Board of Elections anct or its agents to correctly instfvct a candidate for O f f i c e of President of the United States CpOTUS) to meet the U. I 1 * I _ _ _ - x 3 A ' - .Room C( wan or as soon q ?? ofthis Court. Ning the affidavit of Christopher EarI Strunk affirmed to on the 2 0 ~ I ! t ~4th 12 exhibits. 360 Ad2 0t i the day of Street. on . to be held at the Courthouse. New York.2011 witb jurisdiction of the CPLR $403{d). at the courthouse at 360 Adrms Street on the 2 Day of October 2011 PRESENT: Hon.

correspundeace and or communication records with electors of the Barack Hussein Obma 11. - b. POTUS has provided evidence of qualificationeiigibility.169 ---______- . f. A Stay of all baliot access until such time as the respective candidate for Office of POTCTS has pravided evidence of qualificationeligibiity. g. e. - 2 APX . 1 1 c. McCain TII and or Roger Cdero for the 2008 election cycle forward. Restraint of Defendants NYS BOE various New York State political parties and or committees. d. As it is alleged that the New York State Board of Elections and its agents exceed authority of Law regarding determining the eligibility of candidates for the office of PO'fCJS adversely affecting the operation of EL Adele 12 in the formation of the New ~ * r Elected k College. A Stay of all fuad raising until conclusive proof of eligibility is established. - P e n d i i the hearing of this motion it is ORDERED that Respondents a . c. J o h S. executive session records.\Y r/ b. Stay of all ballot s e e s until such time as the respective eandidgte for Office of .. Zbigniew Brzezinski. A Stay of all New York Primares until such time as the NYS BOE has properly notified a candidate of qualificationsto run for office of POTUS. Barack Hussein Obama II. NYS BOE disclosure of any and a 1 1reIated archives in their possession or under its control for the POTLiS qualifications. George Soros and or their agents from intwference w i t h the proper public notice of requirements of a candidate for office of POTUS in New York. Stay all New York Primates until candidate of qualifications to run for office of POTUS. Stay all fund raising in New York until conclusive proof of eligibility is established.to a. Further and dierent relief including reimbursement for damages incurred.

Brooklyn. New York. on the or a s soon as counsel may be heard why not be made a£F&ing administfatian of election law. upon which this order is i ENTER I I I 1 I iI I I I I 3 APX 170 - . and named Defendants shall his / her attomy show dams Street. - '4 ORDERED W Respondents' attorneysare to I I I f this order.. and the papers upon which this order is granted.

k.P m I N VICTORY 2008. Christopher Earl Strunk. JAMES A. STAY AND PETER G. 6500-201 1 (Hon. M C C m . STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE. MARK BRZEZINSKT.X Christopher-Earl: Strunk. ZBIGNIEW KAIMIERZ BRZEZINSKT. JOHN SIDNEY MCCAIN 111. Arthur M.a. EVELYN J.S.k.NANCY PELOSI.C) PLAINTIFF'S NEW YORK STATE BOARD OF ELECTIOBS. AQUILA / Commissioner. Deputy Director TODD D.OBAMA VICTORY FUND. : --------------------------------------------------------------------. Schack J. individual capacity. THOMAS P. I. Fr. aka.. BRZEZINSKI. and XYZ Entities. OBAM FOR AMERICAs.a. DINAPOLI..J. depose and say under penalty of perjury: Plaintiffs Affidavit in Support of OSC Page 1 of 17 APX . THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PAFlTY. IAN J. PRITZKER. Barack Hussein Obama 11.O. PARKES. RUTH NO EM^ COLON.171 . BIDEN. KELLNER / Co-Chair. ERIC SCHNEIDERMAN. DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK. SUPPORT O F THE PETERSON / Commissioner. STATE OF NEW YORK COUNTY OF KINGS j 1 =* 1 Accordingly. THE SOCIALIST WORKERS PARTY. S. John and J a n e Does. BOEHNER. STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE.. PETERSEN. JOSEPH P. JOSEPH A. SCHWARZ. JR. ORDER TO SHOW CAUSE ANDREW CUOMO. JOSEPH R. ROGER CALERO.Barry Soetoro. GEORGE SOROS. Deputy Director STANLEY ZALEN. in their Official and FOR A MANDAMUS. SOEBARKAH INJUNCTION (a. VALENTINE.SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF W N Q S IAS Part 27 Index N o . JR.J. S. O'HARE.. GREGORY P. being duly sworn.Steve Dunham). THE NEW YORK STATE REPUBLICAN STATE COMMITTEE. DOUGLAS A. JOHN A. Fr. a. in esse Plaintiff. AFFIDAVIT IN WALSH / Co-Chair. FREDERICK A. Defendants. PENNY S. M C C M I VICTORY 2008.

on October 12. 20 11 at the Courthouse "Intake Part" in Room 524 (see E 4. 201 1. except the various captioned New Y o r k State Political parties and or committees who have defaulted by failure to answer to the summons. 2.172 . Constitution Article 2 Section 1 "natural born Citizen" eligibility requirement instead of *born a citizen" improperly. 3.S. in the matter of Defendants Motions to dismiss the Complaint of March 22. with the exception of the State Defendants who have entered several stipulations for extension of time to answer or othenvise respond by October 12. A Stay of a l l New York Primaries until such time as the NYS BOE has Plaintiffs AfFdavit in Support of OSC Page 2 of 17 APX . 201 1. A Mandamus of the New York State Board of Elections and or its agents to correctly il~struct a candidate for Office of President of the United States (POTUS)to meet the U. Schack J. That as a matter of time being of the essence herein.S. 201 1 (see Exhibit I].and thereby escalates the entire State by State primary process including New York were this Court to issue a n order for the relief request hereby for: a.C. 201 1 the Clerk of the Court noticed a pre-discovery conference schedule for October 24. Stay and Injunction with twelve exhibits and memorandum of law annexed. and that the Court has reserved decision. That on October 11. and makes this affidavit with supplemental allegations against the New York State Board of Elections (NYS BOE) its agents and others in support of the Order to Show Cause for a Mandamus. Plaintiff is self-represented without a n attorney with the underlying Complaint filed March 22.I. m . b. 2011 the New Y o r k Times published the report about the intention of the State of New Hampshire Secretary of State advancing the Presidential Primary to December 6. Thai on August 22. appeared before the Honorable Arthur M. 201 1 (see Exhibit 3). 201 1 Counsels for Defendants.

f. John S. Restraint of Defendants MIS BOE various New York State political parties and or committees. c.properly notified a candidate af qua=cations to run for office of POTUS.173 . Zbigniew Brzezinski. Barack Husseh Obama 11. A Stay of fund raising until conclusive proof of eligibility is established. executive session records. McCain III and or Roger Calero for Ule 2008 dection cycle fonvard. 5. That Plaintiff in an effort to discover when and tvhy the NYS BOE and or its agents maintain the improper eligibility / qualification instructions fos a candidate to for office of POTUS jn the 2012 election cycle as to "Citizenshipnstates "born a citizen" on the official webpage "Running for Office" appears as fallows: Plaintiff's Affidavit in Support of OSC Page 3 of 17 APX . g. e. NYS BOE disclosure of any and all related archives in their possession or under its control for the POTUS qualifications. d. eomespondence and or communication records with electors of the Barack Hussein Obama 11. A Stay of all baltot access until such Gme as the respective candidate for Office of POTUS has provided evidence of qualification eligibility. George Soros and or their agents from interference with the proper public notice of reqtlirements of a candidate for office of POTUS in New York. Farther and different relief including reimbursement for damages incurred.

201 1. and that such instruction is conclusive evidence of the breach of fiduciary duty by the NYS BOE and or its agents alleged in the underlying Complaint. Constitution Article 2 Section 1 and related law including NYS Election Law (EL) 96-122. 7. That Mr. 9. 20 11. Powell show-s at Exhibit 4 sub-exhibit E that after publishing his findings a t Pixel Patriot that then were mirrored by another website Obama Release Your Records with greater viewership. On October 5. Plaintiff confirmed by email (see Exhibit 5)that according to State's Counsel.6. and that on October 6 . after being mirrored there was an illegal deniat-of-service attack monitored by the U.htm1 (see Exhibit 4 sub-exhibit B) entitled "NEWYORK STATE BOE WEBSITE COVER-UP: New York State Board of Elections Website Blocking Access To Natural Born Citizen Requirements". Mr. That on October 12.S. That Plaintiff recollects that the 2008 election cycle required "Natural born Citizen" rather than "Born a citizen". 10.S. 20 11 as affirmed by Mr. To find out when the change was made to the website Plaintiff contacted Kevin Richard Powell (Mr. 8. Department of State controlled by Defendant Barack Hussein Obama I1 and his agents 1 1. a s follows: Plaintiffs =davit in Support of OSC Page 4 of 17 APX .174 --_-- . Powell a t his Affidavit shown as Exhibit 4 starting at paragraph 20. 201 1 Plaintiff sent States' Counsel notification of the research finding. that on October 7. Powell) with experience to find such record by researching the website and then produced the Affidavit (see Exhibit 4) with sub-exhibits A thru E. That the statement as to Citizenship "Born a citizen" conflicts with the law of the land and must be removed and replaced with "Natural born Citizen" to conform. State Defendants are unable to stipulate as to the requirement that a candidate for the office of POTUS comply w ~ t h U. Powell published his Endings on his website Pixel Patriot at p cover-up.

and t h a t w e now a g r e e w i t h t h e u n d e r s t a n d i n g t h a t New York S t a t e ' s d e f i n i t i o n of "natural-born Citizen" c o m p l i e s w i t h the United S t a t e s Constitution Article 2 Section 1 C l a u s e 5 that mandates: "No Person except a natural born C i t i z e n . That Plaintiff in the email to State's Counsel shown as Exhibit 5 gave fair notice that NYS Board of Elections i s involved in what an experienced attorney Leo D'Onofrio Esq.. Happersett As Standing Precedent On Citizenship . 'New York State BOE Web Site Cover U p ' .)" Plaintiffs Affidavit in Support of OSC Page 5 of 17 APX . ' ~ 12. The tactic contributes to an insidious pattern of behavior being perpetrated just so Obama will be allowed to occupy the White House despite US Supreme Court precedent which states directly that he is not eligible. s h a l l b e e l i g i b l e t o t h e O f f i c e o f President. (This report assumes Obama was born in Hawaii.Obama Not Eligible. a much more stringent requirement than simply being "born a citizen". (Please review Pixel Patriot's excellent analysis on this issue.tryt'~~g to amend the US Constitutio~t with an eraser. representing State Defendants..WHEREAS t h e Attorney G e n e r a l ' s Office. characterizes as ". ) The Constitution states that only a "natural born Citizen" may be president..wordpress. o r a C i t i z e n o f t h e United S t a t e s .com/20 11/ 10/09/multiple-instances-of-historical- standing-precedent-on-citizenship-ob- (see Exhihit 6) quote: Multiple Instances Of Historical Scholarship Conclusively Establish The Supreme Court's Holding I n Minor v." in the form of a legal memorandum published at his website http:/ /naturalborncitizen. a t ihe time o f the Adoption o f t h i s C o n s t i t u t i o n . This effort in New York is part of a much larger effort nationwide to falsely revise history (in this case by scrubbing the very words of our Constitution). in t h e absence of a s p e c i F i c New Y o r k s t a t u t e t h a t defines "natural-born C i t i z e n " for c a n d i d a t e e l i g i b i l i t y f o r e l e c t i o n to t h e o f f i c e of P r e s i d e n t of t h e United S t a t e s requires any human being must be born on United S t a t e s o f America soil t o two citizen p a r e n t s f o r b a l l o t a c c e s s i n N e w York.. the New York State Board of Elections was caught trying to amend the US Constitution with an eraser by listing POTUS eligibility as available to any person "born a citizen". n e i t h e r s h a l l a n y Ierson b e e l i g i b l e t o t h a t O f f i c e who s h a l l not have a t t a i n e d t o t h e A g e of t h i r t y f i v e Years.175 . "Recently. and been fourteen Years a Resident w i t h i n t h e United S t a t ~ s .

13. if born in the U S to citizenparents. That the SCOTUS precedent that applies herein to resolve t?ae controversy is present in Minor v Happersett as summarized at page 4 of I1 i n Exhibit 6 . That on October 14. This part of the holding was later erased by the 19th Amendment. were citizens and that their citizenship was equal to men. 20 11. but instead Counsel attached a new stipulation for extension of time for the State to respond to the "amended Complaint" until October 28. 75 .to wit Plaintiff declines to sign (see Exhibit 7). 20 11 through October 16. She argued that women were being treated as "halfway citizens" and she directly petitioned the Court for a deternlination which stated that women were equal citizens to men. male or female." (Emphasis added. The first point is still good law. The Court further stated that this "class" of persons were "natives. 201 1. That from September 23. 14. This may seem obvious now. Plaintiff Plaintifrs =davit in Support of OSC Page 6 of 17 APX . Virginia Minor did not accept that citizenship without voting rights was equal citizenship. Therefore. the Constitution did not provide a right to vote to anyone. and specifically avoiding the 14th Amendment. the electivefranchise not being essential to citizenship. quote: "The decision in this case was that a woman born of Gitizenparents within the United Sates was a citizen of the United States. The Court also held that while women were equal citizens to men. but the citizenship determination remains as good law today. since his father was never a US citizen. or natural-born citizens". 201 1. State's Counsel sent Plaintiff an email without a response to the request of the State to conform the instructions to a candidate to the Office of POTUS with the reference to Citizenship a s "Natural born Citizen" rather than "Born a Citizen". referring directly to Article 2 Section 1. held that women. but in 1875 it wasn't.176 . the Court's decision in Minor operates against Obarna being eligible. although not entitled to vote.) The "decision" in Minor is twofold: I ) woman are equal citizens to men. The Court in Minor. 2) voting is not a right o f citizenship.

corresponded with a fellow New Yorker Creg Maroney who had sought to ascertain why the NYS BOE had not properly wetted the 2008 Election cycle POTUS candidates. then Defendant NYS BOE and its agents have demonstrated prima facie evidence of wrong doing a s to their fiduciary duty and culpability in the scheme to Plaintiff's Affidavit in Support of OSC Page 7 of 17 APX . on October 17.rather than "Natural born Citizen" a s Plaintiff believes. and as a verification for Plaintiff requested clarification from the NYS BOE to no avail as yet was posted as an article on October 13.2011 on the Post & Entail website http:/ /www. 201 1. and that H. 2011 an additional FOIL request of H. That on September 30. 201 1 that denied access to such information on grounds of attorney client privilege and work product (see Exhibit 9). That for argument sake were there no 2008 "Running for Officenwebsite a s the NYS BOE suggests and or were the Citizensl-Lip requirement to also say "Born a Citizen" for the 2008 Election cycle. That on October 9. William Van Allen a s an expert on FOIL assisted in that regard and received a response from the NYS BOE on October 7.' 13/new-york-state-board-of-electionsmakes-false-statement-about-article-ii-qucaon/ with a n article entitled Update: New York State Board o f Elections Makes False Statement about Article II Quali@cationAnd Why Do They Refuse To Correct The Record? (see m i b i t 8). 2011 the NYS BOE denied (see Exhibit 10). 18. 17.177 .com/2011/ 10. William Van Alleii to the NYS BOE urged release of archival information for the agency website for qualifications for POTUS. 16.thepostemd. Plaintiff sought additional information from the NYS BOE by FOIL regarding correspondence between then NYS AG Andrew Cuomo and then NYS Governor DaTzid Paterson and or their staff as electors to then Candidate EIector slate for Barack Hussein Obama I1 and the NYS BOE as to the Executive Chairman and Commissioners deliberation process in regards to the qualifications and eligibility of then 2008 POTUS Candidates.

especially EL 56-122 (1) to ascertain whether or not Barack Hussein Obama I1 and others would qualify as a natural-born citizen . 20. (2) b iaeligible to be elected to such office or position. Designation or nomination. Mr. eligibility. That Plaintiff contends that a s a result of the notification by overnight senrice by order of the Court in October 2008 as to the Article 78 special proceeding in the Petition 28641-08 that was accompanied with service of a copy of the Complaint 29642-08. 19.178 - . restrictions. meet the constitutional or statutory qualifications thereof or.defraud Plaintiff and those voters and tax payers similarly situated. the prospective candidates for office of POTUS and the electors of each slate the National Archives and Records Administration (NARA) Office of the Federal Register (OFR) maintains a copy of the Booklet that was provided to each respective State Governor in the 2008 election cycle in New York (see Exhibit 11).and that the Booklet states in the introduction: Prior to the general election. Likewise as to the NYS BOE Executive Session deliberations regarding natural born Citizen or other status of Mr. the OFR sends an informational package to each state's governor to officially notify them of their electoral NYS EL § 6. A s such at least examination is available to the Court for in camera review with Plaintiff present. Defendants may not also use their State Officer status to shield from the release of corsespondence with the NYS BOE Executive and or agents before and or after the 2008 November election. Calero and others must be a matter of public disclosure. if elected w i l l not at the time of commencement of the term of such o m c e or position. with respect to judic-id office. (Emphasis by Plaintit?) Plaintiffs Affidavit in Support of OSC Page 8 of 17 APX . A person shall not be designated or nominated for a public office or party position who (1)is not a citizen of the state of New York. Obama. then slate of electors had been afforded sufficient notice a s electors who also have a special duty to the law. Mr. McCain. and therefore. That there was a 2008 Election Pamphlet entitled "the2008 presidential election PROVISIONS OF THE CONSTflUTIONRND UNITED STATES CODE" that described whom is responsible for proper notification of the NYS BOE.didn't do that. or (3) who.122. who wiU not meet such qualifications within t h t y days of the commencement of the term of such office.

the electors hold meetings in each state to cast their votes for President and Vice President. In January. based on the documentary evidence assembled and reviewed by the OFR. especially since the term of art or idiom "Born a Citizen" was an invention solely done a t the discretion of the NYS BOE Executive and or its agents in conjunction with other State Officers several of whom were also electors in the Plaintiffs Affidavit in Support of OSC Page 9 of 17 APX . 22. election officials send to the OFR Certificates of Ascertainment. A search of the 2008 Pamphlet shown a s Exhibit l l for the phrase "Born a Citizen" did not establish that that term of art was a direction for use s t the 2008 Election cycle in New York. The only way that use of the term of art "Born a Citizenn could have been used is by direction of the Executive of the NYS BOE and specifically a t the Executive Session(s)when the term was chosen to be used separate and apart from any other direction that the 2008 Pamphlet expressly provided. which are sent to the OFR for review on behalf of the Congress. electoral documents are held a t the OFR for public viewing. A s the results of the popular vote are finalized in each state. 6. and that the correspondence between the then Governor and Attorney General or their agents in that regard are of vital public interest not shielded by either attorney client privilege or work product consideration of waiver.responsibilities. 21. the Congress sits in joint session to certify the election of the President and Vice President. which establish the credentials of their electors. and then transferred to the Archives of the United States for permanent retention and access. In the year after the election. Those choices are documented in Certificates of Vote. That at page 6 shown on Exhibit 11 the 2008 Election Pamphlet recites Article I1 of the Constitution Section 1 only as applies to the formation of the electoral college per se not a s to the qualifications of the candidate to run for the office of POTUS and as such only states such clauses of Article II Section 1. 7 and 8 as each applies. In December. however. 23. omits clause 3 using '* * * * * * *# as the 12th Amendment applies continues with clause 4 a s to the power of the Congress but does not recite clause 5.179 .

S. and i s notwithstanding a s the State Counsel argued inadequate service before Justice David I. 201 11 there is a requirement that this special proceeding be by an order to show cause as if a Petition with CPLR Article 78 provisions and question of law that apply as follows: a.C. That Plaintiff has not asked for this relief before nor is anyone else interested in the outcome other than those citizens entitled to the prompt and lawful administration of elections and justice are done herein.180 . is a n ultra vires act that is res ipsa loquitur and the word of art "Born a Citizenw a s a conclusive fact is ips0 facto evidence of wrong doing warranting at least a partial summary jud-gnent favoring Plaintiff in preparation for both a jury trial on the additional causes of action and specifically for a hearing on the scope and extent of damages as personal injury and irreparable harm imposed then and continuing now. That Plaintiff in 2008 complained of irregularities to the NYS BOE as a matter requiring administrative review and response w i t h EL 83-105. 27. That such a partial summary judgment is required to establish that the Scheme to Defraud with unjust enrichment was done as a result of ultra vires acts as a denial of Plaintiff along with those similarly situated equal protection of the law and as a conspiracy against public participation at the 2008 election still ongoing now as a matter of continuing injury and imminent irreparable harm that must be immediately adjudicated before the start of the national primaries. 26. in case 29642-08 could render a decision. That as a hybrid matter within the Complaint filed March 22. Schmidt J. whether the body or officer failed to perform a duty enjoined upon it by Plaintiffs Affidavit in Support of OSC Page 10 of 17 APX . EL 33-106 and has been denied a response.POTUS race for which they were pre-determining by invention of qualifications arbitrarily. 25. nevertheless was sufficient for an administrative review to be done according to regulations and law was not done a s a matter of denial of substantive due process. . 24.

29. and a t which evidence was taken.law in the 2008 Election cycle and thereafter . on the entire record. whether the body or officer proceeded. supported by substantial evidence. moving images.a n adventure by U. The Internet Archive is a non-profit digital library with the stated mission of "universal access to all knowledge". 28. Kaddafi of Libya. including websites. the Mithrian Vatican with fellow Zoroastrian Persia for control over an Aryan Caliphate. including abuse of discretion a s to the measure or mode of penalty or discipline imposed. d. That for whatever reason NYS BOE chose to spoliate evidence a t The Internet Archive (ZJ is germane to the causes of action in the underlying Complaint. Special Forces troops deployed to shore up Defendant Soros considerable investment in Uganda oil development (see Exhibit 12). c. Assad of Syria. especially in the theft of mineral rights and genocide against Christian people of Africa that this year alone includes the specter of six illegal wars including the overthrow of Mubarak of Egypt. That Plaintiff contends that the ultra vires actions of State Defendants are in conspiracy with the various State Political Parties and their respective candidates for the office of POTUS in both the 2008 election cycle and now the 2012 election cycle for continuation of usurpation of the Office of POTUS being used by a Ultramontane Syndicalist consortium of foreign persons and entities with Defendants and their allegiance to the European Union.S. b.181 -- . pursuant to direction by law is. music. and nearly 3 million public domain Plaintiffs Affidavit in Support of OSC Page 11 of 17 APX-. and now. whether a determination was made in violation of lawful procedure. was affected by a n error of law or was arbitrary and capricious or an abuse of discretion. I t offers permanent storage and access to collections of digitized materials. is proceeding or is about to proceed without or in excess of jurisdiction a s with the 2012 Election cycle. whether a determination made as a result of a hearing held (Executive Session in camera].

USA. the Archive is an activist organization. where he studied Library science in the 1980s. I t is a member of the IIPC (International Internet Preservation Consortium). and the Internet Archive. Intemet Archive was originally created by Brewster Kahle (3) of the Presidio in San Franciscis California. WAIS. grants. its collection is mirrored at the Bibliotheca Alexandiia in Egypt. the Archive's largest collection is its web archive. and data centers in San Francisco. At the same time as he started h a . The Archive allows the public to both upload and download digital material to its data cluster. he founded the Internet Archive. M q Austin. and provides unrestricted online access to that material at no cost. The ~!chiTbe has an annual budget of $10 million. he studied under Marvin Minsky and W.30. Redwood City. AlexaInternet. where he developed the WMS system. Jihadis Infest the Sari Francisco. with Bruce Gilliat. Middle East Media Research Institute (MEMRLorg)published "Al-Qaeda. Public Knowledge. He is a member of the advisory board of the National Digital Information Infrastructure and Reservation Program of the Library of Congress. and serves on the boards of the Electronic Frontier Foundation. derived &om a variety of sources: revenue from its Web crawling services. created the Kahle/AusGn Foundation. Califomlia. In 1992. The emphasis of his studies was artificial intelligence. a group of organizations committed to making a permanent. the European Archive. Internet Archive has a Mirror located in the Bibliotheca - books. in that on August 17. I t is a member of the American Library Association and is officially recognized by the State of California as a library. Daniel Hillis. Plaintiffs Midavit in Support of OSC Page 12 of 17 . It has a staff of 200. I n 2010 he was given an honorary doctorate in computer science from Simmons College. USA. advocating for a free and open Internet. the Television Archive. various partnerships. donations. and is a member of the National Science Foundation Advisory Committee for Cyber infrastructure. ICahle and his wife. California. To ensure the stability and endurance of the Internet Archive. The Internet Archive was founded by Brewster Kahle in 1996. Internet Archive is the "Hate Speech" Server for Al-Qaeaa.. and. He was a member of the Thinking Machines team (1983-1992). he co-founded. a US$45 million trust that supports the Internet Archive and other non-profit organizations. Inc.With offices located in San Francisco. Kahle is the founder of the Internet Archive and the Open Content AUiance. U r e w s t e r Kahle graduated from the Massachusetts Institute of Technology in 1982 with a Bachelor of Science in computer science and engineering. a precursor to the World Wide Web. California-Based 'Intemet Archive' Library". which he continues to direct. The Archive is a 50 1(c)(3) non-profit operating in the United States. publicly accessible archive of digitized texts. T . a member of the National Academy of Engineering. 201 1. which detailed how members can post anonymously and enjoy free uncensored hosting. Kahle is a Fellow of the American Academy of Arts and Sciences. Its main office in San Francisco houses about 30 employees. and the Kahle-Austin Foundation. most of whom are book scanners in its book scanning centers. "snapshots of the World Wide Web".The Foundation suppoits the Free Sofhvare Foundation for the G N U vroject. where he was a member of the Phi Fraterni*. and Mountain View. The Archive also oversees one of the world's largest book digitization projects. in 1996. In addition to its archiving function.

In addition. He has published over 60 books and monographs and over 200 papers on a variety of topics including biotechnology.400 entries.Alexandrina Archive.000 books fi-om the National Library of France. for the academic year 20 10/20 11.2002. The B French books in the Arab world. and the American Philosophical Society. mostly &om the Arab states. the frrst pledges of funding for the project were made: USD $65 million. The French also donated. A n architectural design competition. Algeria and Morocco.TWAS (Tllird World Academy of Sciences). the library received a generous donation of 500. the Brookings Doha Center the European Academy of Sciences and Arts. nual development. He holds a Bachelor of Science degree i n engineering from Cairo University and Masters' degree and a Ph-D. The idea of reviving the old library dates back to 1974. from among more than 1. organized by UNESCO i n 1988 to choose a design worthy of the site and its heritage. The collections at the Bibliotheca Alexandrina were donated from all over the world. the Indian National Academy of Agricultural Sciences. research. One leading supporter of the project was former Egyptian President Hosni Mubarak. giving the library documents dealing with the building of the Suez Canal. The Bibliotheca Alexandrina is t r i l i n g u a l .The gift makes the Bibliotheca Alexandrina the A also is now the largest depository of sixth-largest Francophone library in the world. after some USD $220 million had been spent. He is a foreign fellow of Bangladesh Academy of Sciences He worked in a number of capacities at the World Bank since joining in 1972. a Norwegian architectural office. UNESCO was also quick to embrace the concept of endowing the Mediterranean region wiih a center of cultural and scientific excellence. in addition to being the main French library in Africa. when a committee set up by Alexandzia University selected a plot of land for its new library. between the campus and the sea&ont. He was a member of the Senate in Egypt ( M a j l s Al-Shura). at College de France. The director of the Bibliotheca Alexandrina is Ismail Serageldin (3. and 5 Plaintiffs AfEdavit in Support of OSC Page 13 of 17 APX . Paris. the complex was officially inau-gxated on October 16. English and French.183 . He is Professor of the International Chair Savoirs contre pauvrete (KnowledgeAgainst Poverty).and Vice-President for Environmentally and Socially Sustainable Development (1993-98). The Spanish donated documents that detailed their period of Moorish rule. He is Co-Chair of the African Biotechnology Panel (withCalestous Juma). who is Bibliotheca Alexandrina Egypt. the Middle East and North Africa (1980-83). containing books in Arabic. He serves as Chair and Member of a number of advisoiy committees for academic. that maintains the only copy and external backup of the Internet 3 1 . (4. Director for Programs in West Africa (1984-87): Country Director for Central and Occidental Africa (1987-89):Technical Director for aIl SubSaharan Afi-ica (1990-921. Bibliotheque nationale de France (BnF). surpassing those of Tunisia. sustainabilty. from Harvard University and has received 29 honorary doctorates. and the value of science to society. Economist in education and human resources (1972-76). s c i e n a c and international institutions and civil society efforts which includes the Institut d'Egypte (EgyptianAcademy of Science). The notion of recreating the ancient library was soon enthusiastically adopted by other individuals and agencies. was won by Snehetta. Construction work began in 1995 and. At a conference held in 1990 in k v a n . he was active in promoting NGO-Bank relations. close to where the ancient library once stood.Division Chief for Technical Assistance and Special Studies (1977-801. He also chairs the Boards of Directors for each of the BA's fisted research institutes and museums and xvas a Distinguished Professor at Wageningen University in the Netherlands. Ismail Serageldin (born 1944 in Giza. He is sometimes referred to as the "most intelligent man in Egypt" and i s a French Knight. In 2010. and for Urban Projects in Europe. Egypt) i s the director of the Bibliotheca Alexandrina.

he worked as a consultant in city and regional planning. Edward P. Musa Hitam. Rima Khalaf Hunaidi. and the Muslim world". Co-Chair. The Brookings Institution is America's oldest think tank http:/ /www. Khouri. Strobe Talbott. The Brookings Doha Center in i t s own words. Zbigniew Brzezinski. He is former Chairman of the Consultative Group on International Agricultural Research (CGIAR.org/en/publication-type/ crisiswatch/ crisiswatch(see database. Djerejian.crisisgoup. Wajahat Habibullah. That as to Plaintiffs personal damage injury. a microfinance program (1995-2000). Disclosure of records of the intrigue that NYS BOE et a now protect by covemp in 2012 is germane to my injury and a calculation of damages. entered in 2008 and 32.aspx?EndDate=9999 123l&StartDateOO101 l & o n I D s ) and serves with Zbigniew Brzezinski on the Advisory Council ih) for the Qatar based Brookings Doha Center as a project of the Saban Centerfor Middle E a s t Policy within the Brookings Institution. Pervez Hoodbhoy.s from the U.184 - . The center is funded as the first research center in the Muslim world is a significant historical development thro~xgh a partnership between the B r o o m s Institution and the State of Qatar. Chair. conducts "research on the socio-economic and geopolitical issues facing Muslim-majority states and communities. is associated with George Soros at the fntemational Crisis Group to maintain the 'Crisis Watch &tabus8 http: / /www.brookings. Samuel Berger. The creation of the center was announced in October 2007 by Brookings President Strobe Talbott. Plaintiff being 62 in March 2009 applied for the early provision of available Social Security Administration benefits to be able t o devote full time to litigation rather than served as Co-Chairman of the NGO-Bank Committee (1997-99). Ismail Serageldin. Fareed Zakaria.He was Chairman of the World Commission for Water in the 2 1st Century (August 1998-March 2000). Madeline Albright. Prime h4inister and Minister of Foreign Affairs of the State of Qatar. Vartan Gregorian.edu/events/2008/02 17-dohaaspx.2008 with an address by the Hamad bin Jassim bin Jaber a 1 Thani. 1994-2000). is a professor at Wageningen University in the Netherlands. Plaintiffs Aflidavit in Support of OSC Page 14 of 17 - APX .founder and former Chairman of the Global Water Partnership (1996-2000)and the Consultative Group to Assist the Poorest. started in 2007 and whose director is Salman Shaikh. and Saban Center director Martin Indyk and inaugurated February 17.Chairman of the Board for the International Schoolfor Infomtion Science. 33.S. in 2008 when the petition and Complaints were filed in state and federal venue without rapid resolution. Rami G. l .Prior to joining the World Bank. Nemir Kirdax. and encourages increased dialogue between policy rnake7. 6 The Brookings Doha Center has an International Advisory Council which includes: Harnacl bin Jassim bin Jaber A1 Thani. and taught at Cairo University and Harvard University. Atta urRahman.

350.282 annually starting from my 6 7 t h year. whereas when the value of the Dollar is compared to the discounted price of the London r i n g of the price of gold on the commodities market. Plaintiff damages reasonably are measured in equivalent gold troy ounce terms. That as a result of the usurpation of the office of POTUS by Defendants actions and continuing acts of allegiance to foreign person(s) and entities to wage illegal war. cost a total of say $16. or a loss of $8400 annually or $42. Plaintiffs Affidavit in Support of OSC Page 15 of 17 APX . 36.185 . 38. genocide and gross theft of taxpayer funds a s well a s implementing policies for the ongoing destruction of the value of the currency. I had not intended to apply for Social security until reaching 67 years of age a s I am of good health and fitness and except for the need to seek a separate source of funds to allow full devotion of personal time to litigation I suffered a diminishment of months allotment of funds by say $700 to an amount of $1071 per month or $12. 37. Plaintiff is sufferingongoing irreparable harm beyond the damages referenced. That as for the cost of the stolen 2008 election manipulated by the NYS BOE by breach of fiduciary duty cost the taxpayers say no less than $1000 per Election District with say 16350 Eds. or rendering the value dollar more than half the 2008 value by design of the usurper and his agents and European d i e s .000 to be verified by the New York State Controller. 34.882 annually rather than say $21.000 over five years. and to be reimbursed in a pro-rated calculation by the offending Defendants. gold has gone from say $741 per troy ounce on November 4. 35. 2008 to say $1620 per troy ounce today. That the cost of all Plaintiff s litigation from 2008 until the completion herein is to be born by Defendants who are found by jury trial to be held culpable avid liable jointly and severally.continuing with private employment.

g. George and or committees. A Mandamus of the New York State Board of Elections and or its agents to correctly instruct a candidate for Office of President of the United States (POTUS)to meet the U. c. I have read the foregoing response to both motions and hereby request for the this response be combined. A Stay of all New York Primaries until such time as the NYS BOE has properly notified a candidate of qualifications to run f o r office of POTUS. John S.186 . Zbigniew Brzezinski. Constitution Article 2 Section 1 "natural born Citizen" eligibility requirement instead of "born a citizen" improperly. Plaintiff mishes as time is off the essence and suffers ongoing injury from 2008 with imminent irreparable harm in 2012 that Defendants appear before the court and show cause why an order should not be granted: a. e. and I know the purposes of brevity and clarification contents thereof apply to me by misapplication and administration of laws in creation ' 7 Plaintiff's Affidavit in Support of OSC Page 16 of 1 APX . Barack Hussein Obarna 1 Soros and or their agents from interference with the proper public notice of requirements of a candidate for office of POTUS in New York. NYS BOE disclosure of any and all related archives in their possession or under its control for the POTUS qualifications. executive session records. A Stay of a l l ballot access until such time a s the respective candidate for Office of POTUS has provided evidence of qualification eligibility. A Stay of all fund raising until conclusive proof of eligibility is established. McCain I11 and or Roger Calero for the 2008 election cycle forward. Restraint of Defendants NYS BOE various New York State political parties 1 . d. f.S.Wherefore. b. Further and different relief including reimbursement for damages incurred. correspondence and or communication records with electors of the Barack Hussein Obama 1 1 .

.

STRUNK V.188 . NYS BOE ET AL NYSSC KINGS INDEX 6500-201 1 ORDER TO SHOW CAUSE EXHIB APX .

SCHNEIDERMAN Attorney General of the State of New York A t t o ~ e y for State Defendany -JOEL GRABER S p e c i a l Litigation Counsel Litigation Bureau 1 2 0 Broadway .0 3 3 2 (2121 4 1 6 . Dated: New York. be and the same hereby is extended to October 12.8 6 4 5 FAX ( 2 1 2 ) 4 1 6 . dated March 22. Arthur M .189 . Schack) CHRISTOPHER EARL STRUNK. 2011. or by electronic means. et al. by and between the undersigned. STIPULATION OF EXTENSION Defendants. IT IS HEREBY STIPULATED AND AGREED. NY 1 0 2 7 1 . New York August 11. and it is further STIPULATED AND AGREED t h a t this stipulation may be executed in facsimile. 2011 ERIC T.6 0 0 9 APX . 2011.. NEW YORK STATE BOARD OF ELECTIONS. 6500/11 (Hon. Plaintiff. that the time for any State defendant to respond to the complaint i n t h i s action.SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS I A S PART 27 ----------------------------------------x Index No. and in counterparts.24thFloor New York.

- APX .180 .

STRUNK V N Y S BOE ET AL. NYSSC KNGS Ih'DEX 6500-201 1 ORDER TO SHOW CAUSE EXHIB APX .191 -- .

__ 1% .Brooklyn NY 1IZc1.Prose 593 VANDERBILT AVE BROOKLYN NY 11238Index Mo. all insurance information and all medical reports. You are hereby directed to appear for a Prelimhay Conference on ]I Of24/1L at 9:30am in tbe "Intake Part" located at 360 Adarns Street. It is vour res~onsibifitfto notify at1 other parties in this action of the new date. including the bill of particulars. Counsel must bring all pertinent and necessary documents. The failwe of such a representative to appear may result in the Preliminary Conference being held ex-parte or other judicial action.: 0006500/2011 Caption: STRUNK CHRISTOPHER-EARL vs. New York 11ZOl CHRISTOPER-EARL . This is to advise you that our records indicate that the above referenced case has not had a Preliminary Conference as required by Uniform Court mles 202. The representative should therefore be aware of any scheduling conflicts. The representative who appears from your office must be fully familiar with and authorized to proceed with this case. Therefore you must comply with the following : . The representative must also be p~epared to address any outstanding discovery issues. Room 524 .Snpretm anurt a£ @e Sbte af $2eb For& Civic: Center Brooklyn. i -- -- - - --- - - - ! APX - .19 (b)(l).

. NYSSC !SLNGS lNDEX 6500-2011 ORDER TO SHOW CAUSE APX . . NYS BOE ET AL.STRUNK V.193 .

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October 12, 201 1,6:38 pm New Hampshire Threatens Early December Primary

By SARAH W A A T O N
Will the 2012 elections officially start in 201 l? William M. Gardner, New Hampshire's longtime secretary of state and stalwart defender of its first-in-the-nation primary status, has issued a warning that the state's primary could be as early as Dec. 6 or 13 if Nevada Republicans do not move back their Jan. 14 caucus date by at least three days. By state law, New Hampshire's primary must be held at least seven days before a "similar" contest - wording that has traditionally allowed Iowa to hold its caucuses first. But "Nevada's caucus is similar in the eyes of our statute," Mr. Gardner wrote 111 a three-page statement issued Wednesday afternoon. New Hampshire has the "logistics in place" to hold its primary during the first or second Tuesday in December "if needed," he said. Florida set otythe chain reaction, Mr. Gardner said, when Republican officials there settled on a Jan. 31 primary. A Jan. 21 primary is now scheduled in South Carolina, and Nevada Republicans chose Jan. 14 last week. "That left Tuesday, January 3rd as a possibility for us, but Iowa officials tentatively decided that their caucus would be on that day," wrote Mr. Gardner. But in an apparent show of solidarity with the other traditional first state, he said the "problem is the date of Nevada," not Iowa. He also noted the national parties' "important role in that they can discourage other states from trying to leapfrog onto our tradition." "We cannot allow the political process to squeeze us into a date that wedges us by just a few days between two major caucus states," Mr. Gardner wrote.

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Copyright 201 1 The New York T i e s Company Privacy Policy NYTimes.cotn 620 Eight11Avenue New York, NY 100 I X

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Why New Hampshire's Primary Tradition Is Important
By William Gardner, New Hampshe Secretary of State
October 12,2011

Every four years Americans elect the most powerful leader in the world. We go to the polls and select the man or woman who will be President of the United States. It is probably the most important political decision each of us makes because o w choice can affect the lives and happiness of ourselves and our children for years into our future.
DEMOCRACY IS HARD WORK Protecting American democracy has been a cause of freedom in our nation for over two centuries, and our fellow citizens who have gone before us dedicated their lives, and in some cases lost their lives, in that fight. The principles of democracy and freedom are worth every bit of that fight.

One vital way that we preserve our democracy is to have an election system that allows for the long-said American dream that just about anyone can grow up to be President of the United States. Our boys and girls just starting to go to school should feel that regardless of their wealth or other limitations, they too could become president, or whatever else they aspire to. For nearly 100 years, the New Hampshire First-In-The-Nation Presidential Pnmary has had meaning and relevance to American politics. It has allowed for candidates regardless of national standing or financial capability to begin their launch into presidential politics by winning or doing well here. Several aspiring Americans likely would not have become president if they weren't first able to make their case door-to-door, face-to-face, eye-to-eye with New Hampshire voters who meet them at our homes, in our backyards, and on o w sidewalks away from the microphones and cameras that create a barrier between human beings. NEW HAMSHIRE IS FIRST FOR A REASON. While New Hampshire has had a presidential primary since 1916, and has been first since 1920, it wasn't until 1975 that our status was put into state law. The law now requires that our primary is 7 days or more before similar elections that would challenge our traditional position. What that law requires is that I look at the nominating events of other states where presidential candidates run,and then set o w primary a week ahead of them. Since New Hampshire citizens pay for our primary, we can hold it whenever we wish.

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It is up to the candidates themselves to decide whether to campaign here. Ours is the first event where voters go into the privacy of the voting booth to make a choice for a candidate on the ballot. It tells the nation something about their support.
CONSIDER THE ALTERNATIVES. It used to be that delegates for national political conventions were chosen in secret mainly by party leaders, out of view of the public. Would we tolerate that kind of process now? And without having caucuses and primaries in smaller states, larger states would have the exclusive major role in the nominating process.

Worse yet, if a national primary was held, or if the role of small states was eliminated, only the very rich or famous candidates would be able to put on the major campaigns needed for victory or to exceed expectations. In a state like New Hampshire, candidates can rn without a large staff or heavy advertising and consulting budgets if they have a message, meet directly with voters, and explain why they should be president. Examples abound.
OPTIONS FOR NEW HAMPSHIRE'S P R W R Y DATE. With Florida movlng its primary earlier than originally planned to January 31st, and South that Carolina making a move to set its primary ten days earlier to January 2lStt, began to limit options for setting our date in January. When officials in Nevada set their caucus for Saturday, January 14', that left Tuesday, January 3"' as a possibility for us, but Iowa officials tentatively decided that their caucus would be on that day.
My job as NH Secretary of State is to follow our law, which mandates that I set our election 7 days or more before any event that would threaten our traditional leadoff status. So if Nevada does not adjust its caucus date to a later time, I cannot rule out the possibility of a December primary.

We cannot allow the political process to squeeze us into a date that wedges us by just a few days between two major caucus states. Ow primary will have little meaning if states crowd into holding their events just hours after our polls have closed. The date of our primary is decided by state law, not by the rules or desires of political parties. Since Nevada's caucus is similar in the eyes of our statute, it means the New Hampshire primary can be set no later than Saturday, January 7th.

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IT'S REALLY UP TO NEVADA. If Nevada does not accept a date of Tuesday, January 1 7 or ~ later ~ for its caucus, it leaves New Hampshire no choice but to consider December of this year. The dates of Tuesday, December 13th, 'and Tuesday, December 6th are realistic options, and we have logistics in place to make either date happen if needed. Candidates have been campaigning here, and elsewhere, for months, and it is about time we begin the next stage of the presidential nominating process.
The political parties did not give New Hampshire its presidential primary. Traditionally, it has been the first in the nation for almost a hundred years, and our state law protects our tradition. We have the largest turnout in the country, and our citizens take their roles and obligations seriously. But the parties do have an important role in that they can discourage other states from trying to leapfrog onto our trdtion. Right now, the problem is the date of Nevada. We will respond as we need to in order to honor New Hampshire's tradition, and to keep o w primary relevant. Not to do so would allow us to lose an important element of American democracy forever. New Hampshire will not let that happen.

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S T R U M V NYS BOE ET AL. NYSSC IUNGS INDEX 6500-2011

ORDER TO SHOW CAUSE

EXHIBIT 4
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Part 27 Index No.:

--------------------------------------------------------------------X
Christopher-Earl: S t m n k , in esse
Plaintif&

6 5 0 0 - 2 0 11

(Hon. Arthur M. Schack J.S.C)

KEVIN RICHARD POWELL
NEW YORK STATE BOARD OF ELECTIOIS; et al.

AFFIDAVIT

Defendants.

........................................................................
STATE OF GEORGIA

X

1
)s s .

COUNTY OF GWINNETT )
Accordingly, I, Kevin Richard Powell, being duly sworn, depose and say under

penalty of perjury:

1.

Affirmant is over 17 years of age and not a party to this case herein;

2.

My place for service is located a t 2633 Davenharn Lane, Duluth, GA 30096

3.

My expertise in t!nis matter is: I am currently employed a s a Television

Producer ] Editor with Fulton County Government Television in Atlanta, GA. Attached is Exhibit A, a copy of my resume highlighting my 25 years of experience in the Television and Broadcasting industry.

4.

I am preparing this affidavit for Plaintiff and am willing to testiSy accordingly;

5.

On September 20th, 2011;I published under the pen name of Pixel Patriot a
Kevin Richard Powell =davit

Page 1 of i 2

L__pp_

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report in an internet blog on the case before this Court in an effort to educate the American public about the issue.

6.

On Monday, October 3 r d , 201 1; I was told by the Plaintiff, Christopher-Earl

Strunk that someone was ffing a FOIA request with the New York State Board of
Elections, which I will further refer to a s (NYS BOE); for previous versions of their website. Mr. Strunk informed me that the part of the BOE website that lists candidate eligibility previously said the Presidential candidate was required to be a Natural Born Citizen. I did not know that the website previously stated that. I asked Mr. Strunk if he had personally seen it before it was changed and he said that he had.

7.

While we were still on the phone I went to the website for The Internet Archive

service called the Wayback Machine and started looking for previous versions of the Board of Elections website.

8.

The Wayback Machine allows users to search through "over 150 billion

webpages archived from 1996 to a few months ago."

9.

I have successfully used the Wayback Machine before with this same method in

order to find the telephone number for the Honorable Sean Jerguson, Georgia state representative which had been published on a previous version of his district website.

10. The result that I got when I entered the URL for the NYS BOE candidate

eligibility webpage: http:/ /liveweb.archive.org/http://www.elections.state.ny.us/RunningOffice.html

Kevin Richard Powell Affidavit Page 2 of 12

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into the Wayback Machine on October 3d was an error message that said: "Sorry. This URL has been excluded from the Wayback Machine."
(I will refer to this as - EXCLUDED MESSAGE 1)

11. I then researched what this error message means and what would generate this
error message. I learned that The Internet Archive actually has policies governing the issuance of both EXCLUDED and BLOCKED error messages a s a result of search requests.

12. I discovered that the NYS BOE could embed what is known a s robot.txt into the
computer programming source code for their website, and that this would cause the Wayback Machine to generate the EXCLUDED error message that I saw on the 3 1 ~ 1of October.

13. Upon learning that such a tactic could be employed by a government website to

prevent the public from seeing previous versions of it's website; I immediately went to the NYS BOE website to view its computer programming source code and found that it did indeed have the robot.txt code embedded.

14.

I continued my research looking for previous versions of the NYS BOE website

and discovered that not only did they have previous versions of their webpages EXCLUDED by the robot.kt but that webpages were actually being BLOCKED a t the mirrored site to The Internet Archive in Alexandrina, Egypt.
(I will refer to this a s - BLOCKED MESSAGE 2)

Kevin Richard Powell Aflidavit Page 3 of 12

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1 5 . According to The Internet Archive exclusion policies, in order for webpages to be
BLOCKED; the request had to have been made by the site owner.

16. Furthermore, the Internet Archives exclusion policy stipulates that "Archivists
will exercise best-efforts compliance with applicable court orders" and "Beyond that, a s noted in the Library Bill of Rights, Zibraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.'

17. Upon disc.ovesing the NYS BOE website's deceptive practices; I took screen captures of the EXCLUDED and BLOCKED error messages and downloaded the corresponding computer programming source code and then wrote a report and published it online two days later at 7: 16 pm on Wednesday October 5th, 2011 here: http:/ /pixelpatriot.blogspot.com/2011/ lO/new-york-state-boe-w-ebsite-covet-up.htm1

18. I will refer to my online report in this Affidavit a s Exhibit B.

19. The day after my report was published online, another website known a s the

BirtherReport at: ~~ww.ObamaReleaseYourRecords.com which I will furtber refer to a s (ORYR), published my report on Thursday October 6th, 201 1.

20.

I woke early on Friday October 7 t h , 201 1 and decided to test the html links to

my report a s I periodically do. At 3:25 AM ET, I was unable to access the link to the BLOCKED error. Since my computer browser did not say it could not display the webpage, 1was concerned that it might be a DoS attack on that server in order to prevent others from seeing the BLOCKED error message.

Kevin Richard Powell Affidavit Page 4 of 12

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2 1. As defined by the Department of Homeland Security:

http://www.us-cert.gov/cas/tips/ST04-015.h.tml
National Cyber Alert System Q b e r Security Tip ST04-015

What is a denial-of-service (DoS)attack?

In a denial-of-service (DoS)attack, a n attacker attempts to prevent legitimate users from accessing information or services. By targeting your computer and its network connection, or the computers and network of the sites you are trying to use, an attacker may be able to prevent you from accessing email, websites, online accounts (banking, etc.), or other services that rely on the affected computer.

The most common and obvious type of DoS attack occurs when a n attacker "floods"a network with information. When you type a URL, for a particular website into your browser, you are sending a request to thar site's computer server to view the page. The sen7ercan only process a certain number of requests a t once, so if an attacker overloads the server with requests, it can't process your request. This is a "denial of service" because you can't access that site.

22.

Since this time I was not getting any error messages, I wanted confirmatioil of

what I was experiencing so I called the site owner for ORYR and he said he could not access it either nor was he getting any kind of error message from his browser. After about 5 minutes while we were still talking on the phone, the BLOCKED error

Kevin Richard Powell Affidavit Page 5 of 12

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message s ~ ~ d d e ndisplayed ly in the browser on my computer screen and when I told this to ORYR he said the exact same thing happened for him at the exact same time.
He then ran a program called Sitemeter which allows him to see who is accessing his

website and he told me that within 10 minutes after I had tried to access the BLOCKED site that the U.S. Department of State was looking at my report on his website ORYR:

23.

On Saturday, Oclober 8th I did the same test for the NYS BOE website using

the Wayback Machine; however this time I got a different error message.
This time the error message said:

Kevin Richard Powell Affidavit Page 6 of 12

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24.

"Hrm. Wayback Machine doesn't have that page archived.

Want to search for all archived pages under http: / / www.elections.state.ny.us~
(I will refer to this a s - PAGE NOT ARCHIVED MESSAGE 3 )

25. Instead of:

26.

"Sorry. This URL has been excluded from the Wayback Machine."

(EXCLUDED MESSAGE 1)

27.

I went back to the W S BOE website and checked the source code and the

robot.txt code was still embedded so I knew that The Internet Archive had to have changed their "own" source code. I was very concerned because this appeared to me non-profit organization and the NYS BOE since to indicate collusion between a 5 0 1 ~ 3 their code was changed just 3 days after my report was published.

28.

I made screen captures on Saturday October 8 t h documenting the fact that by

putting the URL for the NYS BOE into The Internet Archive Wayback Machine a different error message was generated.

29. Additionally, I have also recorded the exact same sequence of steps on

videotape, which I will refer to here as Exhibit C; in real-time in order to document as irrefutable proof that a different error message is generated from what was when I published my report.

Kevin Richard Powell AfEdavit Page 7 of 12

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30. After having found that the NYS BOE was engaging in a deceptive manner, I
decided to scrutinize the event that I had just experienced a t The Internet Archive Wayback Machine website so that I could fully understand and document it. I took a closer look at the URL in my browser for The Internet Archive error message and I noticed that the URL had an asterisk character " * ",also known a s a wildcard. I know from my personal experience with computers that this wildcard character is used with search strings to define varying search parameters.
I decided to manually invoke the

same search without the wildcard character so I placed the computer curser using my mouse in the URL field and backed up two spaces to remove the asterisk and the preceding forward slash character and hit enter and I instantly got the EXCLUDED error message that I previously did before Saturday: (EXCLUDED MESSAGE 1).

3 1. On Sunday, I consulted with a Cert5ed Microsoft Systems Engineer in order to

verify my findings:

William Lolli, MCSE

President of Tech Assist, Inc. A network consulting company

32. He downloaded a static record of The Internet Archive website source code and
then using special software he also did a live trace of both error messages to confirm that they were both being generated from the same IP address owned by The Internet Archive. I have included as Exhibit D a printout of his DNS report with the IP trace. Additionally, here are questions where I was seeking clarification from the DNS report and his responses:

Kevin Richard Powell M d a v i t Page 8 of 12

APX

_____.-/-

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33.

Question: Would you like to expound on the DNS report or is its main

significance that it verifies both domains trace back to the same IP address: 207.241.226.201

34.

Lolli: Wes, it simply shows that archive.org traces back to a block of IP

addresses-- which is pretty d a m big-- 207.241.224.0 - 207.241.239.255, basically
3825 IF addresses are available to their poole."

35. Then we both simultaneously went through the same sequence of steps using

the NYS BOE URL with the Wayback Machine and we compared the error message that was generated. He said that the change in results generated by a search for the
NYS BOE URL using the Wayback Machine would indicate the Internet Archives had

to have changed their own code.

36. Lolli: "Web sites generally have front-end webpages that can send inputrequests for response-outputs of data to a backend database. The database, then responds with either text or an entire webpage a s a response to the query. It is safe to suggest that the archive.org system has more than one database on more than one physical or virtual host [server]. Depending on the URL string, responses are generated from any number of databases; and in this case, probably two."

37. Lolli: "By removing the */ from the URL, you are re-directed to another serverhost (known as liveweb.archive.org),and a new message page is generated and displayed"

Kevin Richard Powell Affidavit Page 9 of 12

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38. I also consulted with a professional web developer, Ross Arena; to get a second
opinion. He mites computer programs and internet source code for building websites

and I contacted him through the online referral service called Odesk at
www.odesk.com.

39. I sent him the original source code from last week and gave him a description of
what 1 experienced. Then we reviewed these steps again while discussing it over the phone at the same time. He told me he had noticed a correlation between the "Show
All" button and the (PAGE NOT ARCHIVED MESSAGE 3).

40. He said that the "Latest" button sends a bot to check the website live. I asked
him why would the source code for the "Latest" button not be a subset of the code for
the *Show All" button? He said that is just the way that the developers of The Internet Archive Wayback Machine chose to do it.

41. After Mr. Arena explained to me how the "Show AU" button is invoking the
(PAGE NOT ARCHIVED MESSAGE 3),I deduced that the "Show Alln button is only searching for indexed webpages and he agreed.

42.

That being the case, I then suggested testing for a connection between the

"Latest" button and the first error message I saw last week and when we both tested that, it did generate the first error message: (EXCLUDED MESSAGE 1).

43.

Therefore, Mr. Arena confirms t h a t evidenced in The Internet Archive's source

code on line 22 1 a s can be seen in the screenshot referred to as Exhibit E, the ACTION

Kevin Richard Powell Affidavit Page 10 of 12

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command reverses the result you get when you hit the "Take Me Back" button. It now invokes the "Show All" button query which displays a PAGE NOT ARCHIVED

MESSAGE as opposed to the "Latest" button query which displays the EXCLUDED
MESSAGE.

Exhibit E

44.

Therefore, in summary; the New York State Board of Elections website is a

government website and The Internet Archives Exclusion Policy indicates that their normal course of action would be to NOT exclude previous versions of the NYS BOE webpages; however they are. Three days after a report was published exposing this deceptive practice, The Internet Archives changed their computer source code so that searches for previous versions of the N Y S BOE webpages would generate an error message telling the user that the page they are looking for is not archived instead of

an error message that would highlight a deceptive practice by the NYS BOE while
simultaneously concealing an exception to their own Exclusion Policy. And even though the resultant message has changed for the user of the Wayback Machine, the previous versions of the N Y S BOE webpages that listed the requirements for President to be a Natural Born Citizen are still being excluded.

Kevin Richard Powell Affidavit Page 11 of 12

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STRUNK V. NYS BOE ET AL. IWSSC ICINGS INDEX 6500-2011

ORDER TO SHOW CAUSE

Kevin Richard Powell Affidavit

EXHIBIT A
-

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KEVIN R POWELL
TELEVlSiON PROMiCER 1 EDITOR 1 3 30 r ANlMATrON " ""'^"-"

EDUCATION:
MlWLE RNNmSEESTAK UNNERSlTY, ~
~ TN (Graduated m 19%) ,

Bachelor of Science in Recording Industry Maniqement with a double minw in Mass (%tnn-~unicaf~#ls and Eleckotlics.

AWARCIS..

(2W20as) 6 Tetiy Amrds
(2005)

(20031

1 Telty A w n l 2 Aurora Awards

VIEkto Producer 1 E d i r Animator 1 Visual Eff& Animator f Vswi Effects

UPERIENGE:

FGW, Man&,GA (3 4/04 G u m U y Employed) Teievisior, Producer I Editorfor pragrarnrningb m t on Fubn Government Televkm. Photo-Realisk 30 Animatwn Msual EffectsI Storyboard and V l s u a f i i n for special projects
Encoding for web streaming and DVD.

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CRAWFORD COAIIIIAUNICATIONS, INC., Atlanta, GA [519&3lf04)

Digital Video Editor, Graphics Artist, Pbtc-Realistic 30 Animation and Visual Effects For network and episodic television including HDTV. Clients include CNN, TNT, NBC Spds, NationalGeographic, I P K D m i q Communications, The Learning Channel, BFLAC, Ciemson Unnrersity, the UnivWSity of N I i p p i and DavisAdvertising. Used a distributive render program to cmte a render farm where muspfe workstations coutd be ufiliredto render animat'is This anowed for an extremeijr efficient woMow. Iwould create complex schedules so that when various segments or specific frames of animations neededto be revised, aft of the available cpu's in the render farm where opemting a peak usage. The rnanagemeflt skdlswere critical in this process and therefore Ihad to analyze ongoing render metriGs so as to update the schedules as needed. Icreated excel spreadsheets to track h i s was important for instant access and projm\lilrrlOiis compmnb of the job such as the time and m u m s . T to required media and deteminingwhen additional resources were needed to be acquired as welt as for budgeting and preparing bids for prospeclive clients and jobs. Icreated an html website forthe Crawford intranet which was a how-to instntctiorra! guide explaining the process for mvefting various font formats and graphics into Chyron fa& and keyable media. Encoding with Sorenson Squeeze for web streamingand DVD. FTP media to host server for client approval and sharing resources. Upconvertarrd d o w ~ ~ n v e between rt HTDV and standard definition including IeUwixx,anamrphic and centercut. Convert bemen frame rates with Teranex Xantus Format Ganverter

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FREELANCE, ('99-2005) Produce highend graphics, mpasitog and 30 m&ling and animation for websites and advertising. 2000 Website design, graphics, 30 animation, Ffash and Shockwave for A&J Coffee, LLC 1999 - Website design, graphics 3D animation, Flash and Sbdwave for Tniech

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AUDIO WDEO BYRD, Atlant;l, GA (

Vldeo Producer, Senior Post-Production Editor, Graphics Artist and 3D Animator. As the V k h Producer and Senior Post-Production Ediir, 1 was requested by & i n k to assist them in every aspect of f&vision production. I ,wuM create the initial storyboards in consultation for their needs and then ptoduce the finished product by byeating and aoquiring all of the neoessarj! resw~es, and then edit the finished pr@duct In a timdy manner has& on heir time and budget e-m. 1 also performed mWte maintenance on equipment such as tape head cleaning, installing new software upgractes and patches, replacing DVE fans, monitor power supplies, switcher LED'S and h s h

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EPROM's.
TBSENT, Ailatria, GA f193-%)
Freeianoe Pmt-PraducEien Editor- Edit S p a n i s h and Pottuguese transiation into feature frtms for TBS Studios and Turner Entertainment library. CMX 3100, GVG 200 stwitcfrers, ADO DWs, Sony 02 composite digrtal with Z a x m T5C.

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The activities were designed lo gibe -pants a chance to participate in activities similar to those experienced by tht3 astronauts. GA (4189-1193) AUWD PBBDUCTMNS. The s h w sound m k s would eiMer be a compilation of musk by a n-nally known contemporary rock band o ra compiWon o f songs from various contemporary artists.213 . Maya Fusion Adobe: Production Premium CS5 b i :Power Toois Wa~hnane: = * WD-DS. i h e Jet Propulsion Laboratory and the American Astronom'mt Society. GUMBEatAND MUSEUM AND SCIENCE CENTER. HDCAM. i masteredthe ability to edit under tight deadfines for a gtobal24 hour network My w r k experience indudes producing. the $light deck arid mission oontrol simulation. GA 30036 . the r n u I t i a x i s Wmer. CNN t HEADUNE NEWS. the planetarium star bail and a smoke machine. UDR and Chyron PERSONALCONTACT i N F C 5 : 2633 bvenham Lanet Duiuth. with 4 color lasers &at would be preprogrammed fw use tMth various other effects such as rnultipb srrde pfoctws. APX . special activitiw. CLAY TEPPENPAW WDEO PRODUCTK)NS. renaiine. Xpresf DV Pro Discreet Logic: Ftarne. Video Journalist duties at C C M N included: Assistant Director. 1 e d i i ReM p r o d u d W a g e s distributed via satellite to subscribing affiliateTV stations. A t (8t884C89) Video Producw f Videographer I E d i i . film projectors. Symphony. I shot intenriewswith camp participanfs. script-writing and on-line &Ring of Science and Technolcgy features for the SeIencc3 Featurn Dept. D-2. DVCANI. insbuctors. I % grav& EVA'S. The b l radio F produced the sound tradrs and the planetarium would produce a spedfic show for each soundback. Huntsville. Iwas the video editor twice for remote shoots at NASA's Kennedy Space Center in Coooa Beach Flortda for Space Shuttie launches.Produce.Diredor ITD for mutbf-mmeraproduction in studio and mobiletruck. Space m y and Teacher's pFogram at the Huntsvilb S p m and Rocket Centel: i s b t a ! of the various activities including: space simuiations. Atlanta. TM ("g0-'81) er for the Sudekum Planetarium at the Cumberland Museum and Wince Center. As a two man team we woutd aitemate between operating the lasers o r the effects and sound system. 1NTL. speck4 pragrams and special ceremonies. Nashville. shoat a d Wi for United States Space Camp.Betacam SP 601 Digital Linear Edit Suite with Axial.Video P d m r I Ed'&. Digitai Betacam. D-1. teechers. Nasheile. DVCPRO W D . Design and instal ed v d u c t i o n control room /edit suite Instaliationof lighting grid in s t u d i o . I then edit h i 4 ~ h m t l s for ail nts in a spedfic group. TN Video Producer/ Videographer I Edibx f Director. Media Composer. I produefxl material which was highiy technical in content and coordinated inWrews and shoots with organkations such as NASA. Combus8on Alias: Maya Unlimited. Studio Fioor ManagerFStudlo Camera Operator and Tefepmmpter.

214 .STRUNK V. NYS BOE ET AL NYSSC KLNGS LNDEX 6500-2011 ORDER TO SHOW CAUSE Kevin Richard Powell Affidavit APX .

(Robot Text .215 _ . but their website has html source code embedded to prevent archiving and specifically coded so as to be excluded in archival sites such as the Way Back Machine.embedded in NY BOE website to thwart access to Natural Born Citizen reference) The Board of Elections website cites Article I ISection 1as the Constitutionalauthority for Presidential requirements.NEW YORK STATE BOE WEBSITE COVER-UP New York State Board of Elections Website Blocking Access To Natural Born Citizen Requirements Pixel Patriot I 015120 I I BY Previous versions of the New York State Board of Elections website that listed the qualifications for the Presidential candidates to be a Natural Born Citizen have not only been scrubbed. however the referenceto Natural Born Citizen has been replaced with just "Born a citizen" and they do not list Clause 5 which was specifically included by the Framers as a strong check against dual allegiance and f o ~ i g n influence for the Office of the President of the United States and Commander-inchief : APX .

216 . " The New York State Board of Elections regularly updates their website. Natural Born Citizen Requirement .UNITED STATES CONSTITUTION ARTICLE I1 SECTION I CLAUSE V "No person except a natural born Citizen.shall be eligible to the Ofice of President.EXCLUDED APX . Wow can I have my site's pages excluded from the Wayback Machine? Here's how: INTFRYET ARCHIVE 5arryw This CRLhas been exctaded &om the SYaybaeEzhIac&e. However. And you can use an internet archive program called the Way Back Machine to see some of the previous versions of the Board of Elections website as it existed during various times in the past. neither shall a T Person be eligible to that OfJicewho shall not have attained to the Age of thirty-Jive Fears. not all of the previous webpages are available. or a Citizen of the United States. and beenfourteen Years a Resident within the United States. ai the time qf the Adoption ofthis Constitution. and it is not due to broken links. The Board of Elections is employing technology within the computer programming language that makes up the website to actively block someone from gaining access to the webpage that previously listed the Natural Born Citizen requirement for the Presidency.

txt file. opt not to.. TttistXL has k n ac1udd from the %Sayback hrachine. you can exclude your site from being crawled as well as exclude any historical pages from the Wayback Machine. Here are directions on how to automaticallv exclude your site.217 .I 1 Show Aii I Sasrrg.EXCLUDED "The lnternet Archive is not interested in preserving or offering access to Web sites or other Internet documents of persons who do not want their materials in the collection.. By placing a simple robots-txt file on your Web server. or have further questions.INTfRUET ARCHIVE . email us at info at archive dot org:" APX . If you cannot place the robots. Natural Born Citizen Requirement .

I .2011: ROWS 10-11 tmeta name="googlebot" content="noarchive" / > (meta name="robots" content="noarchive" / > --- APX . il ?dill reiftove all documents from your domain from the i'fapback Machine 2 il rrillteli us not to crat~l your site in the future To exciude il~e internet &c&ive's cravgier (and remove documerris from the Wayback Machine) i%*i!ealla~ing all other robs& Io crab&!your si& your robots M W e should say Roboh M is ?henosf widely used memod for contr~iilng fhe behayior of automated robots on four site jali msjnraoba'is. helading those of Gacgle WTa Vtsta etc resped these sxclustens) It can be used lo alack access30 she whale damain or any Ble or direcfery ~sithinThere aw a large number of resourms for \veQmasters and site ownen describiming t h i s method and he& lo use P Heie are some The robots ki file nwsi tta placed at * e root of your domain ihwctv yourdomain comirabois Mj tlff you up wad our exciosion aolicv I yau think it apptfes to you send a request to us at mfo@arclatve nrg cannot giQ a robots txt frle Here is the actual code extracted directly from the Board of Elections website as of Tuesday October 4th.The internet Archive b not interested in offering access to '7ieh sties or other internet documents whose authors do not want their rnatedals in the cvlle~eionf a remove your site fram zhe Wayback kfachine.218 . piase a ~obots W xiife at the fop level of your site {e g r.i~tw ynordamain comkabots twt)and then submit your site befovf She robo:s W file viill do tvm inings.

ELecricns Running for Office Pag'etlTi:lr.r.ldr*> :dA? *44 X W ="8nidCcntenrmr 4-1 _ i = ' i a d f n i > R ~ n ~ ifar n~ Hf_trc*hli ct~: ~="Resuzi~HuidCMflce* .+ .@@x" T. age..Requi-erneats T in E o l d Dfficeciii:> sh. I1 &sect.titr...-s="S" ~:rli~m="tc~"iUnited States Covstitetion A r t . r = " 6 " ~ R E S I 3 R ~ ~ i i l t ~ ZBB c i $3 ='5' >5T>TJTE<ril 3 (t331" -c L:-'='. a ztateiirde <d--> < ..&= " 3 : . ~ ~ E . 11 Sitct.='"top".ce.. = ' 2 >C:FIC?<J~I'> 105 itl .. rir> $87 <?ti .p.219 .L Z = " ? ' ~ . !. U G E < ..=n cn Petiricnr.ir. Co~irersheets I? t i = ~ a i r r i p t . t i ? I .-+rs="i" x. lilt$> '. \:itr. .. - < ! t ? > APX .r ="I L83 it5r=lef+> %@A .irihtol..=:' ..tc-i:="te.3l5:..- o:-gr-"left".eises t o 3 Petition.. lc/td> 97 95 . cha-aer=i. -r. 't 'i z e n i / M > .re~s="2" . jample Forms.. Tn counrryi/id~ ctd hrr. pleare v i e w the <i r-+=""A-i . tah:e :is%% t h e "equired 'ff--.a!rgz="rcp">35 years<itd> ctd 'pr...> Here is the source code for the Presidential candidate requirements: Rows 111-115 ctd headers="l">President of the United Statesc/td> ctd headers="2" valign="top">Born a citizenc/td> c t d headers="3" valign="topW>35 years</td> ctd headers="4" valign="topn>l4 years in countryc/td> ctd headers="5" valign="top">United States Constitution Art. resldenc) and staxute to h o l d iaz iE2 +L- a) -"Thr.ceu ..a-a859-l" /') sati.1="2' ~CXTIZEPESHIP(/~~> 1 8 C a \r? .f~esi&nt of t h e United StatestZrd) !hzz.i"~Zite Index ye-csntsgr * v i d t h s ..ndex. i:~ade:-5="l".a = " t oap d 3" .d -c .la year.

The lnternet Archive "This webpage is no longer available". as noted in the Library Bill of Rights: 'Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment." Really Additionally.which mirrors The Wayback Machine: Btocked Site Error. Beyond that. ~ J A ~ Fzle:iirins SV . on the &eb.ina.A%" : wr. Try anaaer request or ctrck here io see ~fthe page 1 s available.?Rce i.sra:e _ _ _ riZd -us _. previous versions of the Board of Elections website have also been "BLOCKED" and can't be accessed from The lnternet Archive at the . Iwe. hi@ //RW elections state ny usiRunntngORce html IS not available m the Wayback Machine.trii! _ u . - A closer examination of the exclusion policv reveals the typical response by The lnternet Archive when having been made by a GOVERNMENT request: Archivists will exercise bestefforts compliance with applicable court orders. you can retrieve expired webpages. trace the development of websites. htig . is the sentence familiar to you? "This is no longer a problem since a complete archive for webpages is now available. and go back to events that have shaken the world. Through The lnternet Archive.220 .' - APX .

MORAL TURPITUDE. but not limited to. the request should have been denied. THE MISREPRESENTATIONOF THE CRIMINAL RECORD OR BACKGROUND. the state board of elections. shall adopt a "fair campaign code" WHICH SHALL SET forth ethical standards of conduct for persons. Subdivision 1 of section 3-106 of the election law. CHARACTER. an ACT to amend election law in the State of New York. is amended to read as follows: 1. as amended by chapter 8 of the laws of 1978 and as redesignated by chapter 9 of the laws of 1978. that in and of itself is indicative of a concerted attempt to mislead the voters. specific prohibitions against practices of political espionage and other political practices WHICH INVOLVE subversion of the political parties and process. if the New York State Board of Elections made a request to have webpages excluded that would block access to historical references to the term Natural Born Citizen as a requirement for Presidential candidates. of Latimer in the 2011-2012 Regular Sessions in Assembly: Section 1.Therefore. a directive had to have been issued to the person programming the website to implement a technological blockade specifically designed to thwart current and future attempts to gain access to any previous versions of the website that include the Natural Born Citizen reference. BUT NOT LIMITED TO. However. (A) In addition to the powers and duties elsewhere enumerated in this article. political parties and committees engaged in election campaigns including. Introduced on February 2. TO A POTENTIAL VOTER APX . according to The Internet Archive exclusion policy.201 1 by M. pointing to a cover-up and a broader conspiracy by the New York State Board of Elections.221 . This deceptive practice by the New York State Board of Elections is antithetical to Bill A04356. By removing the reference to Natural Born Citizen as a requirement for a Presidential candidate from the Board of Elections website. after public hearings. VOTING RECORD OR OTHER SPECIFIC ACTS OR OMISSIONS OF A CANDIDATE. SUCH AS.

. charset=iso-8859-1" /> <meta name="keywords" content="NYS Board o f E l e c t i o n s P e t i t i o n s " /> <meta name="description" content="General I n f o r m a t i o n on P e t i t i o n s . before the New York State The Board of Elections is currently a defendant in a Supreme Court brought by plaintiff Christopher-Earl Strunk. eligibility.org/TR/xhtmll/DTD/xhtmll-transitional.S.171 "A person shall not be designated or nominated for a public office or party position who if elected will not at the time of commencement of the term of such office or position.Copyright 2005 Macromedia.cssW t y p e = " t e x t / c s s U media="screenm /> APX .+\ftlDLD TIlROl riH i\Wi4Rk I ?#)I 1 1 ~RTIC i E II OF \T \TE ( I ~ ~ c rnou in \iELEk TED RIILES t'. Sample Forms. LAW C 6-122 Designation or nomination.> <head> < ! .'\TIOYS N. The U.DU6 . For reference.222 .w3. restrictions p. pro se.> < t i t l e > N e w York S t a t e Board o f E l e c t i o n s Running f o r O f f i c e P a g e < / t i t l e > <meta http-equiv="Content-Type" content="text/html. .. Constitution can only be changed through the amendment process. Cover sheets etc. here is the entire source code from the New York State Board of Elections website: <!DOCTYPE h t m l PUBLIC "-//W3C//DTD XHTML 1.Y.dtd"~ <html xmlns="http://ww. I n c .U RE(IUL." /> tmeta name="googlebotW content="noarchive" /> m e t a narne="robotsn content="noarchive" /> t l i n k r e l = " s t y l e s h e e t W href="ex-side-nav2..0 T r a n s i t i o n a l / / E N W "http://www. All r i g h t s reserved. Witnesses t o a P e t i t i o n .i. meet the constitutional or statutory qualifications thereof" It is obvious that the New York State Board of Elections is intentionally misleading the voters of New York for the purpose of subverting the Constitutional requirement for the Office of the President while also trying to cover their tracks at the same time.. ELN.w3.org/l999/xhtml"~ < ! .

gov" /></a> <!--state wide search box--> <form id="sw-searchbox" action="http://www. document." src="images/nysbannerpics/banner~img3.visibility= 'hidden'.</noscript> < ! .style.getElementById('sw~searchbox').style.style.> tdiv id="headern> < ! .jpg" alt="SBOE Seal" /></div> <div id="logom> tdiv class="logo">Board of Elections </dim </dim APX . document. document.. please view the <a href="SiteIndex.gov Portal" /></a> <a href="http://www.getElement8yId('searchgrapbic')style.. / / Otherwise this will be ignored and search controls will be shown by default document.state. manipulate search control objects.getElementById('sw~searchbox').jsW type="text/javascript">c/script> </head> <body> tdiv id="skipn> <a href="#main">SKIP TO MAIN CONTENT</a> </div> tscript type="text/javascript".png" alt="Search all of NY. <a href="http://www..getElementById('sw~searchbox').style.nysegov.mmLoadMenus().style.pngW alt="State Agency Listing" /></a> search graphic--> <a href="#" onclick="document.us/search" method="getU> cp> tinput value="date:D:L:dl" name="sort" type="hiddenW /> tinput value="xml-no-dtd" name="output" type="hiddenW /> tinput value="UTF-8" name="ien type="hiddenn /> <input value="UTF-8" name="oeW type="hiddenU / > <input value="default-frontend" name="clientU type="hiddenU /> <input value="default-frontend" name="proxystylesheet" type="hiddenn/> <input value="default-collection" name="siteW type="hiddenn /> <!-- <label for="searchbox"><input style="cursor: pointer.cfm?superCat=102&amp.223 .visibility: hidden." id="searchbuttonM value="Search NY-GOV" /></label> </p> c / f arm> <!--end wide search box--> tscript type="tex-t/ javascriptTr> // If JavaScript is on.search.getElementById('searchgraphic')."><img id="searchgraphicW style="float: right.cat=449&amp.NEW BANNER--> <div id="nys-banner".visibility= 'visible'." onkeypress="document.png" alt="NY.ny..com/citGuide.c/script> tnoscript class="noscript">Your browser does not support javascript.<link rel="stylesheetU href="print-ex-side-nav2.jsW type="text/javascript">c/script~ <script src="mm-menu. </script> tnoscript class="noscript">Your browser does not support javascript.you can adjust the width of this table using either fixed or percentage widths ..html". border:none..ny.visibility = 'hidden'." type="text" size="lS" name="qW maxlength="256" id="searchbox" title="SearchU /></label> <label f o r = " s e a r c h b u t t o n " > t i n p u t type="submit" style="width: 110px.timg src="images/nysbannerpics/banner_imgl.c/noscript> </din < ! .content=main">timg src="images/nysbannerpics/banner-img2.css" type="text/cssU media="print" /> <link rel="indexM href="index.htmlW /> <script src="mm-load-menus.visibility= 'hidden'.visibility= 'visible'.Site Indexc/a> for the full contents of this website.govf".getElementById('searchgraphic').visibility= 'visible'.END NEW BANNER--> c/div> tdiv id="pageBorder"> tdiv id="seal">timg src="images/sseal~color~round.

null.html">HOMEt/a>ta href="AboutSBOE.htmlW>CONTACT USt/a>ta href="SiteIndex.html" >Election Lawc/a>t/li> <li>ta href="CountyBoards.html" >Running for Officet/a>c/li> tli>ta href="PoliticalCalendar." >Help America APX ." width="100%" border="lW> ttr align=left> tth id="l">OFFICEt/th> tth id="2">CITIZENSHIPt/th> cth id="3">AGEt/th> tth id="4">RESIDEMCYt/th> tth id="SM>STATUTEt/th> t/tr> ttr align="left"> ttd headers="l">President of the United Statestitd.'link4')" onblur="MM-startTimeout().'link7')" Vote Actt/a>t/li> tli>ta hrei="CampaignFinance.0.Useful Linkst/a>t/li> </Ill> t/div> t/div> tdiv id="midContentW> thl id="mainm>Running for Officec/hl> th2 id="RequireHoldOffice">Requirements to Hold Officet/h2> tbr /> <table summary="This table lists the required citizenship.html" >Political Calendart/a>t/li> <li>ta href="NVRA.Election Resultst/a>t/li> tli>ta href="ElectionLaw.null.state.html" >Elected Officialst/a>t/li> tlixa href="UsefulLinks.vote-ny-corn" target="-blank" >Voter Educationc/a>c/li> tli>ta href="ElectedOfficials.html">FAQst/a>ta href="Contact.12." onmouseout="MM-startTimeout().html">tampaign Financet/a>c/li> tli>ta href="RunningOffice.html">Enrollment Statisticsc/a>t/li> tli>ta href="2010ElectionResult~.tdiv id="navigationN> tdiv class="navText"> ta href="INDEX.ny~us/search~~ tlabel for="google">Powered by Googlec/label> tinput id = "google" type="textm name="qM size="25" maxlength="256" tabindex="lV /> tinput class="searchW type="submit" value= "SEARCH" tabindex="2"/> tinput type="hiddenU name="client" value="my-frontend" tabindex="3"/> tinput type="'hidden" name="proxystylesheet" value="my-frontend" tabindex="4"/> tinput type="hiddenW name="output" value="xml-no-dtd" tabindex="5"/> </form> </dim t/div> tdiv id="contentn > tdiv id="leftSideBarM> tdiv id="navBarW> tul> <li>ta href="CommissionersMeetings.224 -- .html">ABOUT USt/a>ta href="FAQ.html" name="link7" id="link5" onfocus="MM~showMenu(window.'link4')" onmouseover="MM~showMenu(window.htmlV >National Voter Registration Actt/a>t/li> tli>ta href="EnrollmentCounty. onmouseover="MM~showMeno(window.null.rrrmrrrmmenu9260933l00J120J0.html" >County Boardst/a>t/li> tli><a href="http://www.html".Voting Informationt/a>c/li> tlixa href="HAVA.elections. age.mm~men~~0615144621~0~1BB~12.html">SITE INDEX </a> t/div> tdiv id="searchm> <form method="getw action="http://search.html" name="link4" id="linklW onfocus="MM~showMenu(window.">Public Informationt/a>t/li> tli>ta href="VotingRegister.'link7')" onblur="MM-startTimeout().mm~menu~0615144621~0." onmouseout="MM-startTimeout().mm~menu~0926093310~0~120.100.html" . residency and statute to hold a statewide office.null.html".

gif" width="16" height="16" alt="pdfW title="Portable Document Format (pdf)"/> 39KB) (print on legal size paper)</li> tli>ta href="/WSBOE/download/law/IndependentNomPetChapter246Change. may be a resident of county for 12 months immediately preceding the election.pif" width="16" height="16" alt="pdfN title="Portable Document Format (pdf)"/> 63KB) (print on legal size paper)c/li> APX . 2 and Art. (In a redistricting year.)c/td> ctd headers="5">New York State Constitution Art.2c/td> c/tr> ctr> ctd headers="ln valign="topW>New York State Senatorcbr />New York State Assemblyc/td> ctd headers="2" valign="top">titizenc/td> ctd headers="3" valign="top">l8 yearsc/td> ctd headers="4">Resident of state for 5 years and resident of district for 12 months immediately preceding election.gif" width="16" height="16" alt="pdfm title="Portable Document Format (pdf)"/> 62KB) (print on legal size paper)c/li> tli>ta href="/NYSBOE/download/law/OTBPetitionNoLines2.c/p> cp>cstrong>Electronic signatures are not acceptable.pdf" target="-selfn>SAMPLE DESIGNATING PETITIONc/a> (timg src="images/icons/PDF.3c/td> c/tr> ctr> ctd headers="lV>tabbrtitle="New York State">NYSc/abbr> Governor/ Lt. IV &sect. I1 &sect. I11 &sect. Governorcbr />Attorney Generalcbr />Comptrollerc/td> ctd headers="2" valign="top">Citizenc/td> ctd headers="3" valign="top">30 yearsc/td> ctd headerszU4" valign="top">Resident of state 5 years immediately preceding electionc/td> ctd headers="SU valign="top">New York State Constitution Art. I &sect. They are all in Acrobat PDF format. 3</td> c/tr. ctd headers="l">United States Senatorc/td> ctd headers="2">Citizen 9 yearsc/td> ctd headers="3">30 yearsc/td> ctd headers="4">Resident of state when electedc/td> ctd headers="5">United States Constitution Art. lc/td> c/tr> <tr> ctd headers="l">Representative in Congressc/td> ctd headers="2" valign="top">Citizen 7 yearsc/td> ctd headers="3" valign="top">25 yearsc/td> ctd headers=-4" valign="top">Resident of state when electedc/td> ctd headers="SW valign="topW>United States Constitution Art.pdf" target="-selfW>SAMPLE INDEPENDENT NOMINATING PETITIONc/a> (cimg src="images/icons/PDF. 7cbr />tbr />Public Officers Law &sect.pdf" target="-selfW>SAMPLE OPPORTUNITY TO BALLOT PETITIONc/a> (cimg src="images/icons/PDF. You will need the Adobe (TM) Acrobat Reader to view and print them.225 . I &sect. </table><br /> ch2 id="Petitionsm>GeneralInformation on Petitionsc/hZ> cp>These sample forms were prepared by the State Board of Elections. c/tr> ctr align="leftu.c/p> cp>These forms can be printed and filled out by hand. V &sect.<td ctd ctd ctd l</td> headers="2" headers="3" headers="4" headers="S" valign="top">Born a citizenc/td> valign="top">35 yearsc/td> valign="top">l4 years in countryc/td> valign="top">United States Constitution Art.c/strong>c/p> <ul> tli>ta href="/WSBOE/download/law/DesignatingPetitionNoLines.

Any person who is not nominated by one of these parties must file an independent nominating petition.gif" width="16" height="16" alt="pdfU title="Portable Document Format (pdf)"/> 944KB)t/li> tli>ta href="/NYSBOE/download/law/authorization.pdf" target="-self">SAMPLE CERTIFICATE OF SUBSTITUTIONt/a> (cimg src="images/icons/PDF.COUNTY</a> (timg src="images/icons/PDF.gif" width="16" height="16" alt="pdfN title="Portable Document Format (pdf)"/> 3.gif" width="16" height="16" alt="pdfW title="Portable Document Format (pdf)"/> 31KB) (print on legal size paper)</li> cli>ta href="/NYSBOE/download/law/VillageCPetitionNoLines.226 - .gif" width="16" height="16" alt="pdf" title="Portable Document Format (pdf)"/> 906KB)</li> <li>ta href="/NYSBOE/download/law/declination. Conservative.pdf" target="-selfW>Article 6 of the Election Lawt/a> (timg src="images/icons/PDF.t/p> <p>ta href="/NYSBOE/download/law/2010RunningForOfficeBrochure. and the reader is directed to <a href="/NYSBOE/download/law/2008NYElectionLa~.pdf" target="-self">SAMPLE VILLAGE INDEPENDENT NOMINATING PETITION . and is not to be used as a substitute for consulting the Election Law for specific petition requirements. Party members may also circulate petitions to create the opportunity to write in the name o f an unspecified person for an office in which there is no contest for the party endorsement.pdf" target="-selfn>SAMPLE CERTIFICATE OF AUTHORIZATIONt/a> (<img src="images/icons/PDF.gif" width="16" height="16" alt="pdfW title="Portable Document Format (pdf)"/> 30KB) (to be used if Election is run by the County Board of Elections) (print on legal size paper)</li> <li><a href="/NYSBOE/download/law/cover. Republican.gif" width="16" height="16" alt="pdfn title="Portable Document Format (pdf)"/> 11KB)t/li> tlixa href="/NYSBOE/download/law/acceptance. The requirements for all petitions are contained in ta href="/NYSBOE/download/law/2008NYElectionLaw. Only residents of the town or village APX . The current political parties are the Democratic. (timg src="images/icons/PDF.t/p> cp>Persons wishing to run for elective office may be nominated either by a political party or through the filing of an independent nominating petition. Independence and Green parties.pdf" target="-selfn>SAMPLE VILLAGE INDEPENDENT NOMINATING PETITION</a> (timg src="images/icons/PDF. The provisions for village elections vary slightly.pdf" target="-self">SAMPLE CERTIFICATE OF ACCEPTANCEt/a> (timg src="images/icons/PDF.gif" width="l6" height="16" alt="pdfm title="Portable Document Format (pdf)"/> 30KB) (print on legal size paper)</li> cli>ca href="/NYSBOE/download/law/VillageBPetitionNoLines.303KB).tli>ta href="/NYSBOE/download/law/VillageDPetitionNoLines~pdf" target="-selfn>SAMPLE VILLAGE DESIGNATING PETITIONt/a> (tirng src="images/icons/PDF.pdf" target="-selfW>SAMPLE VILLAGE DESIGNATING PETITION . Working Families.pdf" target="-selfU>SAMPLE COVER SHEETS</a> (<img src="irnages/icons/PDF.pdf" target="-selfW>SAMPLE CERTIFICATE OF DECLINATION</a> (timg src="irnages/icons/PDF.COUNTY</a> (timg src="images/icons/PDF.303KB) for specifics.gif" width="16" height="16" alt="pdf" title="Portable Document Format (pdf)"/> 31KB) (to be used if Election is run by the County Board of Elections) (print on legal size paper)</li> <li>ta href="/NYSBOE/download/law/VillageAPetitionNoLines.gif" width="16" height="16" alt="pdfm title="Portable Document Format (pdf)"/> 501KB)</p> th3>Party Nominationst/h3> <p>Party nomination of candidates for elective office is made at either a party caucus or at a primary election.gif" width="16" height="16" alt="pdf" title="Portable Document Format (pdf)"/> 718KB)t/li> tlixa href="/NYSBOE/download/law/substitution.pdf" target="-self">Article 15 of the Election Law</a> (timg src="images/icons/PDF.gif" width="16" height="16" alt="pdfU title="Portable Document Format (pdf)"/> 3.c/p> th3>Caucusest/h3> cp>A caucus is an open meeting of a town or village's political party at which candidates are nominated for elective office.gif" width="16" height="16" alt="pdf" title="Portable Document Format (pdf)"/> 33KB)c/li> </ul> cp><strong>NOTE:</strong> The information contained here is intended to provide general guidance for those who are preparing to circulate petitions.pdf" target="-selfW>Running for Officecia.

or naming a committee of fewer than three persons.l5-108 {villages)t/a> {timg src="images/icons/PDF. For example. provided that the petition contains all of the required information.</li> <li>information about the signer: date of signing.15-108 (village designating and independent petitions)</a> (timg src="images/icons/PDF.227 . <a href="/NYSBOE/download/law/2008NYElectionLa~.t/li> <li>the name of the candidate and the office or position sought.pdf" target="-self">Election Law &sect. The Election Law sets forth the form of this petition.</p> <p>The voter need only sign the appropriate line on the petition sheet. corrections or alterations in the date or the signature MUST be initialed by the person making the correction. See. Failure to provide such a committee.who are enrolled members of the party may participate in the caucus. town or city andt/li> <li>information relating to the person who witnesses the signatures.303K5) Any registered voter who has not already signed a designating petition.</a> (timg src="images/icons/PDF. However.303KB). then the voter APX . <a href="/NYSBOE/download/law/2008NYElectionLa~.</li> </ul> tp>A petition may include a committee on vacancies. The Election Law sets forth the form of this petition. signed and acknowledged by the presiding officer and the secretary of the meeting at which such authorization is given.pdf" target="-self">&sect. voter's residence address.6-132 {state. county and town offices) and &sect. party designations for this primary are made on a designating petition. you cannot sign an independent nominating petition. county and town offices) and &sect.</p> th3>Form of Petitions</h3> cp>The statute requires that all petitions be <strong>substantially</strong> in the form set forth in the law. A certificate of authorization is not needed for nominations resulting from a caucus or for a candidate for a judicial office.t/p> th3.t/a> (timg src="images/icons/PDF.gif" width="16" height="1bV alt="pdfn title="Portable Document Format (pdf)"/> 3.</p> <h3>Designating Petitionst/h3> <p>If a party nominates its candidates through the primary election process. if there is one council seat open.gif" width="16" height="16" alt="pdf" title="Portable Document Format (pdf)"/> 3.gif" width="16" height="1bV alt="pdfM title="Portable Document Format (pdf)"/> 3.pdf~ target="-self">Election Law &sect. Deviations or slight rearrangements of the form of petition are not fatal defects.</p> <h3>Nomination of Non-Party Member</h3> <p>Political parties may nominate a candidate who is not an enrolled member of the political party.Independent Nominationst/h3> <p>To run for office on a line other than an official party line. and if different. will not invalidate the petition.6-140 (state. For Village offices if you participated in a caucus. <a href="/NVS5OE/download/law/2008NYElectionLa~.6-108 (towns) and &sect. <a href="/NYSBOE/download/law/200XNYflectionLaw.</p> <p>Each sheet of the petition must correctly set forth:c/p> <ul> <li>the date of the election.</li> tli>the candidate's residence. For further information on caucuses see.6-140 (independent nominating petitions) and &sect.gif" width="16" height="1bU alt="pdfU title="Portable Document Format (pdf)"/> 3.303KB) Only enrolled members of a party qualified to vote for an office may sign designating petitions of the party. All other information may be filled in by someone else.15-108 (village offices). Such parties must file a certificate of authorization.pdf" target="-selfW>&sect. their mailing or post office address. may sign an independent nominating petition for that office.303KB). and who is qualified to vote for an office. one must file an independent nominating petition.t/p> <p>Voters may not sign a petition for more candidates than there are openings for an office. Corrections may be made to any information on the signature line. &sect.15-108 (village offices).6-132 (party designating petitions).

Witnesses to a Petitionc/h3> cp>Anyone who is qualified to sign a petition may witness a petition.228 .c/p> tp>Cover sheets <strong>must</strong>contain the following information:c/p> <ul> tli>Name. the voter may sign petitions for 2 candidates. All papers sent by mail in an envelope postmarked prior to midnight of the last day of filing shall be deemed timely filed and accepted for filing when received. which follows the witness's signature. a multi-volume petition requires a cover sheet for each volume.303KB) of the State Board of Elections. the number of signatures on the page.</li> <li>The name of the party or independent body making the nomination. and the date they are signing the statement. or unexplained alterations/corrections. and five P.html" target="-selfm>(See the Political Calendar)c/a> and in the proper manner at the appropriate board of elections. Witness identification information.t/li> </ul> cp>The following information is <strong>optional</strong>:t/p> <u1> <li>The name. When the witness signs the statement of witness.c/p> th3>Cover Sheetsc/h3> <p>If there are 1 0 or more pages in a petition. Sunday or legal holiday. may be provided by anyone.M.t/p> th3. they are making an oath that subjects them to the penalties for perjury if any of the information preceding their signature is false. Those requirements are contained in <a href="/NYSBOE/download/law/2008NYElectionLaw.t/p> <h3>Filing of Petitions.may only sign one petition for a candidate for that office.gif" width="16" height="16" alt="pdfW title="Portable Document Format (pdf)"/> 3. The information preceding the signature includes the name and residence of the witness. Omissions. there must be a cover sheet. Authorizations and Declinations</h3> cp>All filings must be filed timely ta href="PoliticalCalendar. In all other instances. and if there are different candidates on the several pages of the petition.c/li> <li>The total number of volumes in each petition OR the identification number for each volume of the petition. (and mailing address if different) telephone number. This information includes the town or city. In New York City. at any time before the petition is filed.gif" width="1bW height="16" alt="pdfm title="Portable Document Format (pdf)"/> 3. the next business day shall become the last day for filing. and in other counties where identification numbers are used. tstrong>exceptc/strong> any documents that APX _---. and the county of the witness's registration.303KB) of the State Board of Elections. of the candidate. and mailing address if different. only one cover sheet is required. and facsimile number of the person designated to receive notice of deficiencies in binding or cover sheet requirements.</li> </ul> <p>There are additional requirements if the petition contains candidates for county committee.</li> <li>The public office or party position sought.</p> cp>Pursuant to <a href="/NYSBOE/download/law/2008NYElectionLaw. Pursuant to section 1-106(l) of the New York State Election Law. regardless of the number of volumes in the petition. residence address. may invalidate the entire page.</li> tli>The volume number OR identification number of that volume. The information required for the witness statement is mandatory. If there are 2 seats open. Acceptances.M. a statement that each person signed in their presence. If the last day for filing shall fall on a Saturday. all papers are required to be filed between the hours of nine A.t/p> cp>The pages of a petition must be sequentially numbered and securely fastened. errors. the Board will provide notice of any correctable errors in cover sheet(s) and binding.pdf" target="-self">Part 6215 of the rules and regulationst/a> (timg src="images/icons/PDF.c/li> tli>A statement that the petition contains a number of signatures equal to or in excess of the number required by statute.pdf" target="-self">Part 6215 of the rules and regulationsc/a> (timg src="images/icons/PDF. residence address.

as w e l l as t h e names o f person(s) r u n n i n g f o r t h e e l e c t o r a l college.c/p> cp>Candidates must f i l e a c e r t i f i c a t e o f acceptance f o r nominations made by independent nominating p e t i t i o n s .303KB) o f t h e S t a t e Board o f E l e c t i o n s . address.15-108 and P a r t 6204 o f t h e r u l e s and r e g u l a t i o n s < / a > ( t i m g src="images/icons/PDF.</p> c p > I f t h e r e a r e 10 o r more pages i n a p e t i t i o n .pdf*'t a r g e t = " . on i t s face. < / l i > t l i > T h e volume number o f t h a t v o l u m e t / l i > t l i > T h e t o t a l number o f volumes i n t h e p e t i t i o n c / l i > </ul> < p > A d d i t i o n a l i n f o r m a t i o n on cover sheets i s contained i n <a href="/NYSBOE/download/law/2008NYElectionLaw.a r e r e q u i r e d t o be f i l e d w i t h t h e board o f e l e c t i o n s o f t h e c i t y o f New York must be a c t u a l l y r e c e i v e d by such c i t y board o f e l e c t i o n s on o r b e f o r e m i d n i g h t o f t h e l a s t day t o f i l e any such document. N e i t h e r an a u t h o r i z a t i o n n o r an acceptance i s r e q u i r e d if t h e i n d i v i d u a l i s a candidate f o r a j u d i c i a l o f f i c e .c/p> th3>0bjectionsc/h3> <p>Every p e t i t i o n i s presumed t o be v a l i d when f i l e d . t h e r e must be a cover sheet.& 146(1)c/a> ( t i m g src="images/icons/PDF.Write-In Candidatest/h3> <p>To r u n as a w r i t e . <a href="/NYSBOE/download/law/2B08NYElectionLa~. Cover sheets must c o n t a i n t h e f o l l o w i n g information:</p> <ul> tli>Name. For f u r t h e r d e t a i l s see t a href="/NYSBOE/download/law/2008NYElectionLa~. S p e c i f i c a t i o n s o f o b j e c t i o n s must be f i l e d w i t h i n 6 days o f f i l i n g t h e general o b j e c t i o n s ( 2 days i n a v i l l a g e e l e c t i o n ) .303KB). Each s t a t e i s p e r m i t t e d t o have one e l e c t o r f o r each congressional d i s t r i c t . A t l e a s t 100 s i g n a t u r e s must come f r o m each o f o n e . a r e g i s t e r e d v o t e r may challenge t h e v a l i d i t y o f a p e t i t i o n . if.pdf" t a r g e t = " . i t appears t o be i n proper form and t o c o n t a i n enough signatures.gif" width="16" height="16" a l t = " p d f m t i t l e = " P o r t a b l e Document Format ( p d f ) " / > 3.229 .gif" width="16" height="1bU a l t = " p d f U t i t l e = " P o r t a b l e Document Format (pdf)"/> 3. P e t i t i o n s f o r independent candidates must i n c l u d e t h e names o f t h e p r e s i d e n t i a l and v i c e . t / p > ch2 id="PresidentW>Running f o r Presidentt/hZ> th3>Independent Candidatesc/h3> cp>An independent candidate f o r p r e s i d e n t i s someone who i s r u n n i n g on a l i n e o t h e r t h a n an o f f i c i a l p a r t y l i n e .s e l f " > E l e c t i o n Law &sect. A multi-volume p e t i t i o n r e q u i r e s a cover sheet for each volume.i n candidate f o r president. < / p > cp>Independent p e t i t i o n s f o r p r e s i d e n t must c o n t a i n 15. Each candidate named i n an independent p e t i t i o n f o r p r e s i d e n t i s r e q u i r e d t o f i l e an acknowledged acceptance o f t h e nomination no l a t e r t h a n t h e t h i r d day a f t e r t h e l a s t day t o f i l e t h e p e t i t i o n . A d e c l i n a t i o n must be f i l e d should t h e candidate decide n o t t o accept t h e d e s i g n a t i o n o r nomination.s e l f n > E l e c t i o n Law &sect.000 signatures. o r i f t h e y a r e named i n a d e s i g n a t i n g p e t i t i o n b u t a r e n o t e n r o l l e d members o f t h a t p a r t y . W r i t t e n o b j e c t i o n s must be f i l e d w i t h i n 3 days a f t e r t h e p e t i t i o n i s f i l e d (1 day i n a v i l l a g e e l e c t i o n ) .pdf" t a r g e t = " .6-154 and &sect. and m a i l i n g address i f d i f f e r e n t .p r e s i d e n t i a l candidates. o f candidatest/li> < l i > O f f i c e soughtc/li> <li>Name and emblem o f t h e independent body making t h e nominationt/li> t l i > A statement t h a t t h e p e t i t i o n c o n t a i n s a number o f s i g n a t u r e s equal t o o r i n excess o f t h e number r e q u i r e d by s t a t u t e .l a r g e e l e c t o r s .gif" width="16" height="1SU a l t = " p d f W t i t l e = " P o r t a b l e Document Format ( p d f ) " / > 3.303KB). For p e t i t i o n s f i l e d w i t h t h e S t a t e Board o f Elections. you a r e r e q u i r e d t o f i l e a c e r t i f i c a t e o f candidacy w i t h t h e S t a t e Board o f E l e c t i o n s no l a t e r t h a n t h e t h i r d - APX .gif" width="16" height="16" a l t = " p d f n t i t l e = " P o r t a b l e Document Format ( p d f ) " / > 3.s e l f " > P a r t 6215 o f t h e r u l e s and r e g u l a t i o n s t / a > ( t i m g src="images/icons/PDF.</p> th3. t a href="/NYSBOE/download/law/2008NYElectionLawpdf" Law &sect. o b j e c t o r s must d e l i v e r a copy o f t h e s p e c i f i c a t i o n s o f o b j e c t i o n s t o t h e candidate and f i l e p r o o f o f such d e l i v e r y w i t h t h e S t a t e Board.6-142(l)t/a> ( t i m g src="images/icons/PDF.h a l f o f t h e congressional d i s t r i c t s i n target="-self">Election t h e s t a t e . p l u s two a t . F a i l u r e t o do so s h a l l be a f a t a l d e f e c t .303KB) o f t h e S t a t e Board o f Elections. t / p > tp>No f i l i n g s w i l l be accepted by f a c s i m i l e o r e-mail. However.

State Board of Electionst/li> <li>35.State Board of Electionst/li> </ul> ch3.Albany County Board of Elections</li> <li>47 through 4 9 .State Board of Elections</li> <li>9 .State Board of Elections</li> tli>58 .Suffolk County Board of Electionst/li> tli>l0 .Albany County Board of Electionsc/li> APX . with an acceptance certificate and pledge of support signed by each such candidate for elector.Suffolk County Board of Electionst/li> tli>5 .Monroe County Board of Electionsc/li> <li>57 .pdf" target="-selfW>See Election Law &sect.Suffolk County Board of Electionsc/li> tli>2 and 3 .Nassau County Board of Elections</li> tli>8 .State Board of Electionst/li> tli>46 .51 through 54 .State Board of Electionsc/li> <li>6 and 7 .Onondaga County Board of Electionst/li> <li.State Board of Electionsc/li> tlizll .Westchester County Board of Elections</li> <li>36 .State Board of Electionsc/li> <li>91 through 93 .State Board of Electionst/li> <li>l02 .230 .gif" width="l6" height="16" alt="pdfX title="Portable Document Format (pdf)"/> 3.Nassau County Board of Electionsc/li> <li>l0 through 33 .Erie County Board of Electionst/li> <li>59 through 62 .New York City Board of Electionst/li> <li>34 .Suffolk County Board of Electionst/li> tli>l2 through 21 . The certificate must be signed by the presidential candidate and must contain the following information:t/p> <ul> tli>Name and address of presidential candidate</li> tli>Name and address of any vice-presidential candidate.New York City Board of Elections</li> <li>87 through 89 .303KB) for further information.State Board of Elections</li> </ul> th3>Assernbly Districtsc/h3> <ul> <li>l through 9 .Nassau County Board of Electionst/li> <li>22 through 86 .Tuesday prior to the general election.6-153t/a> (timg src="images/icons/PDF.Westchester County Board of Elections</li> <li>90 .Nassau County Board of Elections</li> <li>5 .State Board of Elections</li> tli>5% .Dutchess County Board of Electionsc/li> <li>103 .State Board of Elections</li> <li>104 .State Board of Electionsc/li> tli>6 through 1 6 . <p><a href="/NYSBOE/download/law/2008NYElectionLaw.State Board of Elections</li> tli>4 . t/li> </ul.State Board of Electionsc/li> tli>37 .Westchester County Board of Elections</li> <li>38 through 45 .Rockland County Board of Elections</li> <li>96 through 101 .Senate Districtsc/h3> <Ul> <li>l through 4 .New York City Board of Electionst/li> tli>17 through 29 .Westchester County Board of Electionsc/li> <li>94 and 95 . and a signed certificate of acceptance from such candidatec/li> <li>Name and address of at least one elector.</p> th2 id="FilePetitionsU>Whereto File Petitionsc/hZ> th3>PUBLIC OFFICE ONLY</h3> th3>Congressional Districtsc/h3> <u1> <li>l .State Board o f Electionsc/li> tli>55 and 56 .

Columbia. primary in even numbered years.State Board of Electionsc/li> <li>150 . Greene.</p> <p>To run for any party position such as member of state committee.Fall&quot.Ulster County Board of Electionsc/li> <li>101 AD .Oneida County Board of Elections</li> tli>117 and 118 .State Board of Electionsc/li> tli>143 through 146 .Sullivan County Board of Electionsc/li> cli>l00 AD .Ulster County Board of Elections</li> APX .Onondaga County Board of Elections</li> tli>l22 through 125 .State Board of Electionsc/li> cli>126 .State Board of Elections</li> tli>119 through 121 . Rensselaer.Member of State Committee</h3> <u1> <li>tstrong>REPUBLICAN. Sullivan &amp. All other parties elect state committee at the &quot.t/li> tli>tstrong>CONSERVATIVE</strong> Party State Committee petitions. primary.State Board of Electionsc/li> <li>116 .Erie County Board of Electionsc/li> tli>147 through 149 .Fall&quot. are filed in the same manner as those for the office of Representative in Congress (see chart for CONGRESSIONAL).Fall&quot.c/p>c/li> </ul> <h3>Judicial District Convention Delegate and/or Alternate Delegatec/h3> <ul> tli>FIRST ID (New York County)c/li> tli>SECOND JD (Kings County)c/li> <li>ELEVENTH ID (Queens County)</li> tli>TWELFTH JD (Bronx County)</li> tli>THIRTEENTH JD (Richmond County) cp>All petitions and nominations for these judicial district delegates and alternate delegates are filed at the New York City Board of Electionsc/p> cp><strong>NOTE:c/strong>The following chart for Judicial Delegates and Alternate Delegates applies cem>only</em> to Democratic. national or judicial delegate or alternate. and INDEPENDENCEc/strong> Party State Committee petitions are filed with the county boards of elections.<li>105 through 115 .</li> <li>tstrong>WORKINGFAMILIES</strong> Party State Committee petitions. DEMOCRATIC.231 - -- . Republican Party candidates for this office file their petitions in the county which contains their portion of the assembly district. Independence.c/p>c/li> </ul> ch3>tstrong>THIRD JD Albany.Spring&quot. you must be a duly enrolled member of the party from which you are seeking the designation. are filed in the same manner as those for the office of Member of Assembly (see chart for ASSEMBLY).Niagara County Board of Electionsc/li> <li>139 and 146 .c/p> cp>The offices of judicial delegate and alternate judicial delegate are elected at the &quot.Chautauqua County Board of Electionst/li> </ul> cp><strong>FORALL OTHER OFFICES CONTACT YOUR COUNTY BOARD OF ELECTIONS</strong>c/p> th3.State Board of Electionsc/li> tli>138 . Schoharie. primary in odd numbered years.Monroe County Board of Electionsc/li> tli>136 and 137 .State Board of Electionsc/li> cli>131 through 135 . held in a presidential election year). primary. Conservative and Working Families Party candidates. (National delegate and alternate national delegate are elected at the &quot.State Board of Electionsc/li> tli>141 . You also must be a resident of the jurisdiction from which you are running. <p>Republican State Committee elections are held at the &quot.Broome County Board of Electionsc/li> tli>127 through 138 .Erie County Board of Elections</li> tli>142 . Ulster Countiesc/strong>c/h3> <ul> tli>98 AD .

Washington Counties</strong></h3> <u1> tli>105 AD . Saratoga.Monroe County Board of Electionsc/li> tli>136 AD .State Board of Electionsc/li> tli>117 AD .State Board of Electionsc/li> <li>139 AD .Albany County Board of Electionsc/li> tli>112 AD .State Board of Elections</li> <li>ll2 AD .Onondaga County Board of Elections</li> <li>l21 AD . Oneida.State Board of Electionsc/li> <li>117 AD . Schenectady.Cayuga county Board of Elections</li> tli>128 AD and 129 AD . Otsego.Monroe County Board of Electionsc/li> APX . Lawrence County Board of Electionsc/li> </ul> th3>tstrong>FIFTH JD Herkimer. Steuben. Livingston.Oneida County Board of Electionsc/li> tli>115 AD . St.State Board of Electionsc/li> <li>l30 AD .State Board of Elections</li> <li>126 AD .State Board of Electionsc/li> <li>128 AD .Cortland County Board of Elections</li> tli>137 AD . Madison. Lawrence. Monroe. Tompkins Counties</strong></h3> <u1> tli>l07 AD .Ulster County Board of Electionsc/li> <li>108 AD .State Board of Electionsc/li> <li>124 AD .232 - .St. Essex.State Board of Elections</li> cli>129 AD . Onondaga &amp.Fulton County Board of Electionsc/li> tli>ll8 AD .State Board of Elections</li> </ul> th3>tstrong>SEVENTH JD Cayuga. Ontario.Oneida County Board of Elections</li> tli>117 AD . Jefferson. Lewis. Fulton.Saratoga County Board of Electionsc/li> tli>189 AD .Onondaga County Board of Electionsc/li> <li>l22 AD . Delaware.Broome County Board of Elections</li> tli>127 AD . Warren &amp. Hamilton. Cortland.St.Albany County Board of Elections</li> <li>106 AD .Rensselaer County Board of Elections</li> tli>127 AD .State Board of Elections</li> </ul> <h3><strong>FOURTH JD Clinton. Wayne &amp. Schuyler.Columbia County Board of Elections</li> tli>104 AD .State Board of Elections</li> tli>125 AD .State Board of Electionsc/li> <li>116 AD .State Board of Elections</li> <li>106 AD .Onondaga County Board of Elections</li> tli>l20 AD .tli>l03 AD . Lawrence County Board of Elections</li> tli>l22 AD .Herkimer County Board of Elections</li> tli>ll8 AD . Tioga &amp.State Board of Elections</li> tli>l07 AD .Oswego County Board of Electionsc/li> <li>129 AD .State Board of Electionsc/li> tli>109 AD .Onondaga County Board of Electionsc/li> </ul> <h3><strong>SIXTHJD Broome.State Board of Elections</li> <li>lll AD . Yates Countiesc/strong>c/h3> <ul> <li>123 AD . Seneca. Montgomery. Franklin.State Board of Elections</li> tli>131 AD through 135 AD .Otsego County Board of Electionsc/li> tli>123 AD . Chenango. Oswego Countiesc/strong>c/h3> <ul> <li>lll AD . Chemung.Jefferson County Board of Electionsc/li> tli>119 AD .State Board of Electionsc/li> <li>113 AD .State Board of Elections</li> <li>114 AD .Saratoga County Board of Elections</li> <li>ll0 AD .

S t a t e Board o f E l e c t i o n s c / l i > t l i > 1 4 9 AD . Putnam.Dutchess County Board o f E l e c t i o n s c / l i > </ul> <h3>tstrong>TENTH JD Nassau &amp.t l i > 1 4 7 AD . p o l i t i c a l p a r t y o r committee s h a l l attempt t o promote t h e success o r d e f e a t o f a candidate by d i r e c t l y o r i n d i r e c t l y d i s c l o s i n g o r causing t o be d i s c l o s e d t h e r e s u l t s o f a p o l l r e l a t i n g t o a candidate f o r such an o f f i c e o r p o s i t i o n .c/li> t l i > T h e exact wording o f t h e questions asked i n t h e p o l l and t h e sequence o f such q u e s t i o n s . Orleans &amp. S u f f o l k Counties</strong>c/h3> <ul> c l i > l AD through 9 A D .Chautauqua County Board o f E l e c t i o n s < / l i > </ul> th3><strong>NINTH JD Dutchess. p a r t y o r o r g a n i z a t i o n t h a t c o n t r a c t e d f o r o r who commissioned t h e p o l l and/or p a i d f o r i t .S t a t e Board o f E l e c t i o n s c / l i > t l i > 1 5 0 AD .S t a t e Board o f E l e c t i o n s c / l i > <li>140 A D .L i v i n g s t o n County Board o f E l e c t i o n s < / l i > </ul.E r i e County Board o f E l e c t i o n s < / l i > < l i > 1 4 7 AD . Chautauqua. Wyoming Countiesc/strong>c/h3> <ul> tli>138 A D . Rules and Regulations o f t h e S t a t e o f New York S u b t i t l e V</h2> th3>&sect.Rockland County Board o f E l e c t i o n s c / l i > cli>96 A D .S t a t e Board o f E l e c t i o n s c / l i s c l i z l 0 1 through 103 A D .whether by personal i n t e r v i e w .c/li> . Niagara.S t a t e Board o f E l e c t i o n s c / l i > tli>l00 A D .S t a t e Board o f E l e c t i o n s c / l i > < l i > 1 4 1 A D . Westchester Countiesc/strong>c/h3> <ul> cli>87 A D through 89 AD . telephone.E r i e County Board o f E l e c t i o n s c / l i > tli>142 A D . t h e geographic area covered by t h e p o l l and any s p e c i a l c h a r a c t e r i s t i c s o f t h e p o p u l a t i o n i n c l u d e d i n t h e p o l l sample.S t a t e Board o f E l e c t i o n s c / l i > <li>llA D .S t a t e Board o f E l e c t i o n s < / l i > tli>91 A D through 93 AD . th3><strong>EIGHTH JD Allegany. Cattaraugus. Rockland &amp.S u f f o l k County Board o f E l e c t i o n s c / l i > tli>l2 A D through 2 1 A D .Niagara County Board o f E l e c t i o n s c / l i > tli>139 A D . Erie. unless w i t h i n 48 hours a f t e r such disclosure. Orange. c / l i > c l i > T h e t i m e p e r i o d d u r i n g which t h e p o l l was conducted.Westchester County Board o f E l e c t i o n s c / l i > <li>96 A D .S u f f o l k County Board o f E l e c t i o n s c / l i > tli>l0 A D .2 Use o f P u b l i c Opinion Pollsc/h3> cp>No candidate. < / l i > < l i > T h e method o f polling&ndash.S t a t e Board o f E l e c t i o n s c / l i > t l i > 1 4 3 through 146 AD. 6201.Nassau County Board o f E l e c t i o n s c / l i > c/ul> t h 2 i d = " T i t l e g U > T i t l e 9 o f t h e O f f i c i a l Compilation o f Codes. Genesee.Orange County Board o f E l e c t i o n s c / l i > <li>99 A D .S t a t e Board o f E l e c t i o n s < / l i > <li>97 A D .S t a t e Board o f E l e c t i o n s c / l i > tli>98 A D .S t a t e Board o f E l e c t i o n s c / l i > <li>148 A D .Westchester County Board o f E l e c t i o n s c / l i > t l i > 9 4 and 95 A D . m a i l o r o t h e r . t h e y p r o v i d e t h e f o l l o w i n g i n f o r m a t i o n concerning t h e p o l l t o t h e board o r o f f i c e r w i t h whom statements o r copies o f statements o f campaign r e c e i p t s and expenditures a r e r e q u i r e d t o be f i l e d by t h e candidate t o whom such p o l l r e l a t e s : c / p > c o l type="an> t l i > T h e name o f t h e person. c / l i > c l i z T h e name and address o f t h e o r g a n i z a t i o n t h a t conducted t h e poll.</li> t l i > T h e numerical s i z e o f t h e t o t a l p o l l sample.

A l l such s p e c i f i c a t i o n s s h a l l s u b s t a n t i a l l y comply w i t h t h e f o l l o w i n g requirements: t o 1 type="l"> < l i > T h e volume number. </li> <li>Symbols and/or a b b r e v i a t i o n s may be used t o s e t f o r t h objections. page number. < / l i > < l i > A l l p e t i t i o n s c o n t a i n i n g t e n o r more sheets s h a l l be accompanied by a cover s h e e t . any p o r t i o n o f any p e t i t i o n o r any s i g n a t u r e l i n e o r witness statement o b j e c t e d t o s h a l l be s p e c i f i c a l l y i d e n t i f i e d and reasons g i v e n f o r any such o b j e c t i o n .1 Rules f o r f i l i n g d e s i g n a t i n g and nominating p e t i t i o n s . I n t h e case o f a p e t i t i o n c o n t a i n i n g candidates f o r p a r t y p o s i t i o n . < / h 3 > t o 1 type="aW> t l i > A n y person f i l i n g general o b j e c t i o n s t o any d e s i g n a t i n g o r independent nominating p e t i t i o n f i l e d w i t h t h e S t a t e Board o f E l e c t i o n s who t h e r e a f t e r f i l e s s p e c i f i c a t i o n s o f h i s o b j e c t i o n s t o any such p e t i t i o n w i t h such board s h a l l do so i n accordance w i t h t h e p r o v i s i o n s o f Section 6-154 o f t h e E l e c t i o n Law. D e l i v e r y and F i l i n g o f Designating and Nominating Petitions</h3> <h3>&sect. Service s h a l l be made on o r b e f o r e t h e date o f f i l i n g o f any s p e c i f i c a t i o n s w i t h t h e Board.</li> <li>The results o f the p o l l . t / l i > < l i > A n y n o t i c e and/or d e t e r m i n a t i o n r e l a t i n g t o a p e t i t i o n f o r which s p e c i f i c a t i o n s o f o b j e c t i o n s have been f i l e d s h a l l be t r a n s m i t t e d by t h e Board t o t h e o b j e c t o r f i l i n g t h e s p e c i f i c a t i o n s . address and telephone number o f any such a t t o r n e y o r agent. s e r v i c e o f t h e s p e c i f i c a t i o n s s h a l l be made on e i t h e r t h e named candidates o r t h e f i r s t person named on t h e p e t i t i o n ' s committee t o f i l l vacancies. < / h 3 > t o 1 type="aU> t l i > T h e sheets of a p e t i t i o n s h a l l be numbered s e q u e n t i a l l y a t t h e f o o t o f each s h e e t .6215. t h e number o f persons contacted who d i d n o t so respond. < / l i > </0l> <h3>State Board o f E l e c t i o n s t b r />Part 6204</h3> th3>Designating and Independent Nominating P e t i t i o n s < / h 3 > ch3Ssect. whichever i s l a t e r . t / l i > t l i > T h e t o t a l number o f s i g n a t u r e s o b j e c t e d t o s h a l l be s e t f o r t h and a l l o b j e c t i o n s r e l a t i n g t o a s i n g l e s i g n a t u r e l i n e should be grouped together. 6204. provided t h a t any such o b j e c t o r may designate an a t t o r n e y o r agent t o r e c e i v e any such n o t i c e and/or d e t e r m i n a t i o n on h i s b e h a l f . Proof o f s e r v i c e s h a l l accompany t h e s p e c i f i c a t i o n s o r be r e c e i v e d by t h e end o f business two days f o l l o w i n g t h e f i l i n g o f t h e s p e c i f i c a t i o n s . provided t h a t a sheet e x p l a i n i n g t h e meaning o f any such symbols and/or a b b r e v i a t i o n s i s attached t o t h e s p e c i f i c a t i o n s .</li> < l i > I n d i v i d u a l volumes o f a p e t i t i o n s h a l l be f i l e d i n t h e f o l l o w i n g manner: < o l type="lV> APX .1 S p e c i f i c a t i o n o f o b j e c t i o n s t o d e s i g n a t i n g and independent nominating p e t i t i o n s . and any such a t t o r n e y and/or agent s h a l l be e l i g i b l e t o represent any such o b j e c t o r i n any proceeding conducted by t h e Board r e l a t i n g t o t h e specifications.234 .t l i > T h e number o f persons i n t h e p o l l sample: t h e number contacted who responded t o each s p e c i f i c p o l l question.</li> </ol> th3>State Board o f E l e c t i o n s c b r />Part 6215</h3> <h3>Preparation. < / l i > < l i > A n y two o r more p e t i t i o n sheets s h a l l be s e c u r e l y fastened t o g e t h e r by any means which w i l l h o l d t h e pages t o g e t h e r i n numerical o r d e r . and l i n e number o f any s i g n a t u r e o b j e c t e d t o on any p e t i t i o n s h a l l be s e t f o r t h i n d e t a i l . I n a d d i t i o n . c / l i > < l i > P e t i t i o n sheets may be fastened t o g e t h e r t o f o r m one o r more volumes. Any such d e s i g n a t i o n s h a l l be i n w r i t i n g and i n c l u d e t h e name. < / l i > </ol></li> < l i > N o s p e c i f i c a t i o n s o f o b j e c t i o n s t o any p e t i t i o n w i l l be considered by t h e Board unless t h e o b j e c t o r f i l i n g t h e s p e c i f i c a t i o n s p e r s o n a l l y d e l i v e r s o r m a i l s by r e g i s t e r e d o r c e r t i f i e d m a i l a d u p l i c a t e copy o f t h e s p e c i f i c a t i o n s t o each candidate f o r p u b l i c o f f i c e named on t h e p e t i t i o n .

c / l i > t l i > a n i d e n t i f i c a t i o n o f t h e volumes comprising t h e p e t i t i o n .2 Cover Sheets</h3> t o 1 type="aW> < l i > A cover sheet s h a l l contain t h e f o l l o w i n g i n f o r m a t i o n : t o 1 type="lU> t l i > T h e o f f i c e and d i s t r i c t number (where appropriate) f o r which each designation and nomination i s being made. < / l i > < l i > a statement t h a t t h e p e t i t i o n contains t h e number. by e l e c t i o n d i s t r i c t ) on a schedule t o be annexed t o t h e cover sheet.3 I d e n t i f i c a t i o n Numbers. The Board may adopt such system through t h e approval o f a r u l e a t l e a s t two months p r i o r t o t h e f i r s t day t o c i r c u l a t e p e t i t i o n s . i n f r a . and t h e number o f volumes comprising t h e p e t i t i o n . The assigned i d e n t i f i c a t i o n number s h a l l be i n s c r i b e d on t h e f r o n t o f t h e volume. i n t h e C i t y o f New York. The r u l e s h a l l be f i l e d a t t h e county board o f e l e c t i o n s and t h e S t a t e Board o f E l e c t i o n s . each volume o f each p e t i t i o n s h a l l bear an i d e n t i f i c a t i o n number.6215. o r i n excess o f t h e number. a p p l i c a t i o n . d i s t r i b u t i o n and utilization</h3> APX 235 - . o f v a l i d signatures. each volume o f t h e p e t i t i o n s h a l l have a cover sheet secured t o t h e f r o n t o f such volume. t h e p e t i t i o n s h a l l be accompanied by a schedule which s e t s f o r t h t h e volume and page number o f each sheet on which signatures appear o f a t l e a s t la8 v o t e r s i n each o f a t l e a s t o n e . t h e name and residence address o f each candidate. i n a d d i t i o n t o such schedule a l i s t by e l e c t i o n d i s t r i c t o f t h e i d e n t i f i c a t i o n numbers ( i f known) o r t h e volume number.c/li> < l i > A place f o r t h e o p t i o n a l designation o f a contact person o t h e r than t h e candidate(s) t o be n o t i f i e d t o c o r r e c t noncompliance w i t h these regulations. then each volume o f t h e p e t i t i o n s h a l l be separately numbered on t h e f r o n t t h e r e o f . When m u l t i p l e volumes a r e f i l e d pursuant t o Section 6215. < / l i > <li>Where a nominating p e t i t i o n i n v o l v e s an o f f i c e t o be f i l l e d by t h e v o t e r s o f t h e e n t i r e state. With respect t o a l l o t h e r p e t i t i o n s f i l e d i n m u l t i p l e volumes. i n f r a .t/li> < l i > A n y Board o f E l e c t i o n s o u t s i d e t h e C i t y o f New York may adopt a p e t i t i o n f i l i n g system f o r a l l p e t i t i o n s u t i l i z i n g i d e n t i f i c a t i o n numbers as provided f o r i n Section 6215. t o be obtained i n accordance w i t h Section 6215. c / l i > <li>Where a d e s i g n a t i n g p e t i t i o n i n v o l v e s an o f f i c e t o be f i l l e d by t h e v o t e r s o f t h e e n t i r e state. t h e p e t i t i o n s h a l l be accompanied by a schedule which s e t s f o r t h t h e volume and page number o f each sheet on which signatures appear o f a t l e a s t 100 o r 5 per centum.8. r e q u i r e d by t h e E l e c t i o n Law.t l i > W i t h respect t o p e t i t i o n s which a r e f i l e d w i t h t h e Board o f E l e c t i o n s i n t h e C i t y o f New York.3. o r p e t i t i o n s which a r e f i l e d w i t h o t h e r boards o f e l e c t i o n s c o n t a i n i n g candidates f o r more than one p u b l i c o r p a r t y o f f i c e which a r e n o t coterminous.6215. I f an i d e n t i f i c a t i o n number has n o t been i n s c r i b e d by t h e person o r persons f i l i n g t h e p e t i t i o n . such volumes s h a l l be numbered s e q u e n t i a l l y and t h e cover sheet from t h e f i r s t volume s h a l l s e t f o r t h t h e t o t a l number o f volumes comprising p e t i t i o n . < / l i > </ol> ch3>&sect.1(e)(l) o r (2) o f these rules. which ever i s less. each volume s h a l l have a cover sheet which s h a l l i n d i c a t e t h e volume number. o f p r o p e r l y e n r o l l e d v o t e r s i n each o f a t l e a s t oneh a l f o f t h e Congressional D i s t r i c t s o f t h e s t a t e . Cover sheets f o r t h e p o s i t i o n s o f County Committee i n t h e C i t y o f New Vork s h a l l include.c/li> clol>c/li> </ol> <h3>&sect. < / l i > t l i > W i t h respect t o a l l o t h e r p e t i t i o n s which c o n t a i n t e n o r more sheets. and t h e t o t a l number o f volumes i n t h e p e t i t i o n .h a l f o f t h e Congressional D i s t r i c t s o f t h e s t a t e . and page number where such signatures appear f o r each election d i s t r i c t .t/li> c/ol></li> <li>Cover sheets s h a l l be s u b s t a n t i a l l y i n t h e form s e t f o r t h i n Section 6215.3. Only one i d e n t i f i c a t i o n number may be used t o i d e n t i f y a p e t i t i o n volume. by assembly d i s t r i c t (or. a s i n g l e cover sheet may be f i l e d w i t h volumes i d e n t i f i e d by l i s t i n g t h e i d e n t i f i c a t i o n number o f each volume e i t h e r i n d i v i d u a l l y o r cumulatively. and t h e p e t i t i o n c o n s i s t s o f m u l t i p l e volumes. The names and addresses o f candidates f o r t h e county committee may be s e t f o r t h .

Designating. Opportunity t o B a l l o t ) . t h e i d e n t i f i c a t i o n number o r t h e volume number.6 C o n s t r u c t i o n o f rules. c / l i > t l i > A n assigned i d e n t i f i c a t i o n number may be used f o r t h e f i l i n g o f p e t i t i o n sheets o n l y by t h e person t o whom t h e i d e n t i f i c a t i o n number was issued.6215.6 (b) o f these r u l e s ..6215. Each a p p l i c a t i o n s h a l l be signed by each a p p l i c a n t and s h a l l be d a t e d . t / l i > t l i > T h e S t a t e Board o f E l e c t i o n s s h a l l promulgate an i d e n t i f i c a t i o n number a p p l i c a t i o n form. pages 1 through 15. t l i > I n t h e event t h a t t h e same candidates do n o t appear on each and every sheet o f t h e p e t i t i o n .e. by i n d i c a t i n g t h e name o f t h e candidate.5 F i l i n g o f p e t i t i o n s c / h 3 > t o 1 type="am> < l i > N e i t h e r t h e a p p l i c a t i o n f o r . < / l i . s u b s t a n t i a l compliancec/h3> t o 1 type="am> . f r o m t h e Board o f E l e c t i o n s . may o b t a i n one o r more i d e n t i f i c a t i o n numbers. c / l i > t l i > P e t i t i o n s s h a l l be f i l e d w i t h t h e a p p l i c a b l e Board o f E l e c t i o n s as s e t f o r t h i n t h e E l e c t i o n Law.c/li> < l i > t h e t y p e o f p e t i t i o n t o be f i l e d under t h e i d e n t i f i c a t i o n number (i.n a m e d a p p l i c a n t .4 M u l t i p l e Candidates Named On a P e t i t i o n < / h 3 > c o l type="aW> < l i > A l l t h e s i g n a t u r e s appearing i n a p e t i t i o n volume s h a l l apply t o a l l candidates named i n t h a t volume. an i d e n t i f i c a t i o n number c o n s t i t u t e s f i l i n g o f a p e t i t i o n . which s h a l l be used by any board o f e l e c t i o n s . The a p p l i c a t i o n s h a l l set f o r t h : t o 1 type="lW> c l i > t h e name and residence address o f each a p p l i c a n t f o r t h e i d e n t i f i c a t i o n number.c/li> t l i > t h e daytime and evening telephone numbers f o r such applicant.g. Signatures on such pages may be i d e n t i f i e d by s p e c i f i e d numerical ranges (e.t o 1 type="aW> c l i > I d e n t i f i c a t i o n numbers s h a l l be issued by t h e S t a t e and County Boards o f Elections. i n s c r i b e such numbers on t h e o r i g i n a l a p p l i c a t i o n . upon w r i t t e n a p p l i c a t i o n .</li> </0l> th3>&sect.6215. c / l i > </ol></li> cli>Upon r e c e i p t o f an a p p l i c a t i o n f o r an i d e n t i f i c a t i o n number. which s h a l l be open t o p u b l i c inspection. c / l i > t l i > A n y person o r persons. i n d i v i d u a l l y o r j o i n t l y . c / l i > < l i > t h e date o f t h e election. t h e i d e n t i f i c a t i o n number may be used by any o f t h e applicants. I n t h e case o f m u l t i p l e applicants. I d e n t i f i c a t i o n numbers may be used o n l y w i t h i n t h e calendar year f o r which i s s u e d .</1i> </0l> th3>&sect.</li> </ol> ch3>&sect. unless t h e cover sheet s p e c i f i e s o t h e r w i s e . Nominating. t h e Board s h a l l r e c o r d i n t h e book o n l y t h e name and address o f t h e f i r s t . i n which s h a l l be entered t h e name o f t h e candidate. w i t h o u t charge. f o r t h e purpose o f i d e n t i f y i n g p e t i t i o n v o l u m e s .c/li> t l i > t h e Name o f t h e P a r t y o r Independent Body. t h e Board s h a l l f o r t h w i t h i s s u e t h e q u a n t i t y o f i d e n t i f i c a t i o n numbers requested. pages 15-45). t h e n t h e cover sheet s h a l l i n d i c a t e which s i g n a t u r e s apply t o which candidate. t / l i > < l i > T h e S t a t e Board s h a l l assign a s e r i e s o f i d e n t i f i c a t i o n codes t o each County B o a r d . nor t h e issuance of. Such o f f i c e r o r Board s h a l l keep a book. I n d i v i d u a l s who do n o t wish t o apply f o r these numbers i n advance w i l l have them assigned t o t h e i r p e t i t i o n s when t h e y a r e submitted t o t h e Board o f E l e c t i o n s i n accordance w i t h s e c t i o n 6215.. and ( 6 ) t h e number o f i d e n t i f i c a t i o n numbers requested. I n t h e event t h a t an a p p l i c a t i o n i s f i l e d by m u l t i p l e applicants. The o f f i c e r o r Board s h a l l endorse t h e day. hour and minute of r e c e i p t on such p e t i t i o n s . and r e c o r d t h e numbers issued w i t h t h e name and address o f t h e a p p l i c a n t i n a book which s h a l l be a v a i l a b l e f o r p u b l i c i n s p e c t i o n . and t h e page number o f t h e a p p l i c a b l e signatures. and volume o r i d e n t i f i c a t i o n numbers of t h e p e t i t i o n s which have been f i l e d and t h e t i m e o f t h e i r filing.

c / l i > t l i > I f t h e p e t i t i o n i s one f o r an o p p o r t u n i t y t o b a l l o t . by f a c s i m i l e t r a n s m i s s i o n on t h e day o f t h e d e t e r m i n a t i o n t o t h e number s e t f o r t h by t h e candidate and s h a l l . t h e n t h e Board s h a l l n o t i f y t h e candidate o r t h e c o n t a c t person. s h a l l i n s c r i b e t h e i d e n t i f i c a t i o n number upon t h e p e t i t i o n o r volume. t h e Board determines t h a t a p e t i t i o n does n o t comply w i t h these r e g u l a t i o n s . o r by personal d e l i v e r y by t h e day a f t e r t h e d e t e r m i n a t i o n t o t h e candidate o r t h e contact person. m a i l a copy o f t h e d e t e r m i n a t i o n t o t h e c a n d i d a t e . (c). and such determination. t h e person o r persons s u b m i t t i n g t h e p e t i t i o n o r p e t i t i o n volume f o r f i l i n g s h a l l be deemed t o be t h e a p p l i c a n t f o r t h e i d e n t i f i c a t i o n number. < / l i > < l i > N o t i f i c a t i o n o f a d e t e r m i n a t i o n o f noncompliance s h a l l be given by w r i t t e n n o t i c e by d e p o s i t i n g such n o t i c e on t h e day o f such d e t e r m i n a t i o n w i t h an o v e r n i g h t d e l i v e r y service. I n t h e event t h a t t h e candidate s h a l l have a u t h o r i z e d n o t i f i c a t i o n by f a c s i m i l e transmission. and (d) a b o v e . c / l i s < l i > A candidate may. < / l i > </0l> <h3>&sect.FINANCIAL DISCLOSURE REQUIREMENTS:</h3> <ul> < l i > T h e New York S t a t e E l e c t i o n Law r e q u i r e s candidates and p o l i t i c a l committees t o f i l e statements d i s c l o s i n g i n f o r m a t i o n about c o n t r i b u t i o n s r e c e i v e d and expenditures made i n connection w i t h an e l e c t i o n . t h e candidates named on t h e p e t i t i o n o r p e t i t i o n volume s h a l l be deemed t o be t h e a p p l i c a n t o r a p p l i c a n t s . a t t h e address s t a t e d on t h e p e t i t i o n . on t h e n e x t business day. Such review. cures pursuant t o Section 6-134(2) o f t h e E l e c t i o n Lawc/h3> t o 1 type="am> c l i > W i t h i n two (2) business days o f t h e r e c e i p t o f t h e p e t i t i o n . Such review s h a l l be l i m i t e d t o m a t t e r s apparent on t h e f a c e o f t h e documents. f o r purposes o f subparagraphs (b). s h a l l be w i t h o u t p r e j u d i c e t o t h e d e t e r m i n a t i o n by t h e Board o f o b j e c t i o n s and s p e c i f i c a t i o n s o f o b j e c t i o n s f i l e d pursuant t o t h e p r o v i s i o n s o f t h e E l e c t i o n Law. i n a d d i t i o n . < / l i > </ol> <h2 id="Provisions">Further Provisions</hZ> cp>Please be aware t h a t t h e r e may be o t h e r requirements which may apply t o r u n n i n g f o r any p a r t i c u l a r o f f i c e . i f designated. t h e n t h e f i r s t named person on t h e committee t o r e c e i v e n o t i c e s o r a p p l i c a n t ( s ) f o r t h e i d e n t i f i c a t i o n number o r numbers under which t h e p e t i t i o n was f i l e d s h a l l be deemed t o be t h e &quot. o r i n t h e event t h e persons s u b m i t t i n g t h e p e t i t i o n o r p e t i t i o n volume. unless t h e candidate s h a l l have f i l e d w i t h t h e Board w r i t t e n a u t h o r i z a t i o n .</li> t l i > I n t h e event that.candidate&quot. Such cure o r c o r r e c t i o n must be r e c e i v e d by t h e Board o f E l e c t i o n s no l a t e r than t h e t h i r d business day f o l l o w i n g such d e t e r m i n a t i o n .c/li> c l i > T h e f a i l u r e t o o b t a i n an i d e n t i f i c a t i o n number o r i n s c r i b e an i d e n t i f i c a t i o n number on one o r more p e t i t i o n s o r p e t i t i o n volumes s h a l l n o t render any such p e t i t i o n o r p e t i t i o n volume i n v a l i d . N o t i f i c a t i o n s h a l l be given by o v e r n i g h t d e l i v e r y o r personal d e l i v e r y only. t h e Board s h a l l f o r t h w i t h n o t i f y t h e candidate o r candidates named on t h e p e t i t i o n o f i t s d e t e r m i n a t i o n and t h e reasons t h e r e f o r .6215. these r u l e s s h a l l be l i b e r a l l y construed and t e c h n i c a l d e f e c t s s h a l l be disregarded where t h e r e has been s u b s t a n t i a l compliance and where a s t r i c t c o n s t r u c t i o n i s n o t r e q u i r e d f o r t h e p r e v e n t i o n o f fraud. and s h a l l r e c o r d t h e i d e n t i f i c a t i o n number o f such p e t i t i o n o r volume. Cover sheet d e f i c i e n c i e s may be c o r r e c t e d by t h e f i l i n g o f an amended cover sheet. cannot be i d e n t i f i e d . t h e Board w i t h whom such p e t i t i o n was f i l e d s h a l l review t h e p e t i t i o n t o determine whether t h e p e t i t i o n complies w i t h t h e cover sheet and b i n d i n g requirements o f these r e g u l a t i o n s . f o r t h e Board t o g i v e n o t i f i c a t i o n by f a c s i m i l e transmission.< l i > E x c e p t as s p e c i f i c a l l y s e t f o r t h herein. c u r e t h e v i o l a t i o n o f these r e g u l a t i o n s . I n such instances.7 Determinations. signed by t h e candidate. i f designated. upon t h e review conducted pursuant t o paragraph (a) above. These may i n c l u d e b u t n o t be l i m i t e d to:c/p> th3. f o r o v e r n i g h t d e l i v e r y . The o f f i c e r o r Board r e c e i v i n g such p e t i t i o n o r p e t i t i o n volume s h a l l assign i d e n t i f i c a t i o n numbers t o such p e t i t i o n o r p e t i t i o n volumes. w i t h i n t h r e e (3) business days o f t h e d a t e o f a d e t e r m i n a t i o n t h a t t h e p e t i t i o n does n o t comply w i t h these r e g u l a t i o n s . c / l i > .

"/></li> </ul> <h3>The Commission on Judicial Conduct:</h3> <ul> tli><a href="http://www.gov</a> <img src="images/icons/external-link.osc. </script> APX . are available at the State Board of Elections and your county Board of Elections.html">SITE INDEX </a>ta href="WebsiteAccessibility.ny.c/li> cli>Wiew the <a href="CampaignFinance. HOME </a>ia href="Contact.State Ethics Commission:c/h3> <u1> <li>Call 1-800-873-8442</li> </ul> ch3.tli>The forms required to register a committee and to report receipts and disbursements.-trackpageview(). </script> <noscript class="noscript">Your browser does not support javascript.Main Officec/li> <li>(518) 453-4600 .gov/ip/jcec/">www.html">CONTACT tabbr title="State Board of ElectionsU>SBOE</abbr></a><a href="SiteIndex.usc/a></li> tli>Call ( 6 4 6 ) 386-4800.1ocation.nycourts. as well as a comprehensive handbook of instructions.nycourts.Website <a href="http://www. document.gov/ip/jcec/~/a>c/li~ cli>l-888-600-JCECc/li> </ul> ch3.com/ga.scjc.us"~www.state.html"z<abbr title-"State Board o+ Elections">SBOE</abbr.osc.htmi" >county board of elections</a>. var pageTracker = -gat.protocol) ? "https://ssl.state. 2008." : "http://www.js' type='text/javascript'%3E%3C/script%3E")).html" target="-self">Campaign Finance Page</a> for more information on financial disclosure requirements or contact the State Board of Elections at 1-800-458-3453 or 518-474-8200 or contact your <a href="CountyBoards.gifw width="16" height="16" alt="(External Link)" title="The preceding link goes to another website.Rochesterc/li> c/ul> ch3>Judiciai Campaign Ethics Center:c/h3> <ul> tlixa href="http://www.html"~ACCESSIBILITY </a> </div> tdiv id="copyRightV>&copy. pageTracker. pageTracker.Legislative Ethics Committee:</h3> <ul> <li>Call (518) 432-7837 </li> </ul> </div> c/div> tdiv id="footern> tdiv id="globalNavm> t a href-"INDEX.238__-- .-getTracker("UA-4287881-1").Albanyc/li> <li>(585) 784-4141 .gov/" target="-blank">www.-initData().c/li> </ul> <h3>Hatch Act:c/h3> <ul> tli>Call 1-800-85 HATCH . NEW YORK STATE BOARD OF ELECTIONS </div> </dim </dim <script type="text/javascript"> war gaJsHost = (("https:" == document.ny.").</noscript> <script type="text/javascript".write(unescape("%3Cscript src='" + gaJsHost + "google-analytics.scjc.

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NYSSC KINGS INDEX 6500-201 1 ORDER TO SHOW CAUSE Kevin Richard Powell Affidavit EXHIBIT C > APX _---__ .STRUNK V. N Y S BOE ET AL.240 .

241 -- . NYSSC m G S INDEX 6500-2011 ORDER TO SHOW CAUSE Kevin Richard Powell Affidavit EXHIBIT D -- APX . N Y S BOE ET AL.STRUNK V.

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241. 2 5 5 207.224.241. 2 3 9 .arrn. James OrgASusePhone: +1-415-561-6767 ilrgIlbuseCmai1: jh@archive. San Francisco CA 94129 Address: Address : City: StateProv: PostalCode: Country: KegDater Updated: Ref: OrgTechNaroe: US 1557-02-20 2011-09-24 http://whois.201 Use ? The query is assumed to be: to get help.org OrgAbuseRef: http://whois.net/rest/org/INTERN-95 OrgTechBanale: JSH7S-ARIN Shankland. 11 207.224.245 - .net/rest/poc/3SH75-aRIN OrgAbusetfandle: J S H 7 5 .0 . 2 9 1 .- - --- NeoTrace Trace Version 5.arin.2 0 7 .A R I N OrgAbuseName: Shankland. James OrgTechPhone: +I-415-561-6767 OrgTechEmail: jim@archive.~207.% O G ~ ~ O 13.241.32:13 'I~ I1 1 APX . 4:23:13 PkA Modes: 10 Fade Net Reg IP Address Location Node Name Node i i i g h Low Avg 10 33 22 Tot Lost 149 0 25 Netvork Data Network xd#: 1 Query terms are ambiqnous.arehiveeorg B a k 1011012011 (Nlonday).0/20 INTEF34ET-ARCHIVX-1 SET-207-241-224-0-1 NET-207-0-0-0-0 Drrect Assignment 2004-05-20 2004-05-20 http://whois.org OrgTechRef: httrp://v~o~s.nee/resT/nets.arin. r The followxng results may also be obtained via: h-ctp://whois.226.2~6.net/rest/net/NET-207-241-224-O-l Internet Archive INTERN-95 The Presidio of San Francisco 116 Sheridan Ave.erin.20l?showDeta~ls=true&sh~w~~1~=false&ext=netr~f2 NetRange: CIDR: Origin$& : NetNarne : NetHandle: Parent: SetType : RegDate: Updated: Ref: OrgEane: OrgId: 207.neC/rest/poc/JSK~5-ARIN R e g i s t r a n t Data Registrant xd#: I NOTICE AND T E R M OF USE: You are not authorrzed to access or query ouz WHOIS Page 1 Mon Oct 10 16:23:13 2011 $at.25 R e s u b Tame& fiveweb.arin.241.

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NYSSC KINGS INDEX 6500-2011 ORDER TO SHOW CAUSE Kevin Richard Powell Affidavit EXHIBIT E APX . - . N Y S BOE ET AL.STKUNK V. .249 - .

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256 . NYSSC KLNGS LNDEX 6500-201 1 ORDER TO SHOW CAUSE APX _____. N Y S BOE ET AL.STRUNK V.

and W H E R E A S t h e Attorney General's Office. and t h a t w e now a g r e e w i t h t h e u n d e r s t a n d i n g t h a t N e w York S t a t e ' s d e f i n i t i o n o f - APX .com. Esq.ws Date: Wed.com.gov. the New York State Board of Elections was caught trying to amend the US Constitution with an eraser From: chris@strunk.jwehner@capdale.com.257 .doc Joel.Grabe@ag.com.com. kcorbett@harrisbeach. i n t h e absence of a s p e c i f i c N e w York s t a t u t e t h a t Citizen" f o r candidate e l i g i b i l i t y f o r d e f i n e s "natural-born e l e c t i o n t o t h e o f f i c e o f P r e s i d e n t of t h e U n i t e d S t a t e s r e q u i r e s a n y human b e i n g must be b o r n on U n i t e d S t a t e s o f America s o i l t o two c i t i z e n p a r e n t s f o r b a l l o t a c c e s s i n N e w York. tphillips@capdale.com>. sdunn@stbIaw.com.com. 2011 dated you requested because as you expressed it in yourphone message the New York Attorney General nor its clients are unable to stipulate that (see attached): WHEREAS t h e u n d e r s i g n e d d e s i r e t h a t .Print j Close Window Subjed: Recently. and not until the November 14. "Thomas Kirby" <TKirby@wileyrein. and W H E R E A S t h e Attorney General's Office. has conferred with p i a i n t i f f .ny. representing S t a t e Defendants. 2011. 2011 Complaint extended until October 28.gov> corsland@law.com. 2021 1:29 prn To: "Joel Graber.nyc.com. mbeil@mcguirewoods.com. cklatell@rbskl. Schack J . S . dreich@rbskl. i n t h e i n t e r e s t s o f convenience and j u d i c i a l economy pending a d e c i s i o n by t h e Honorable A r t h u r M. Oct 12.com Bcc: xx Attach: PROPOSED STIPULATION OF EXTENSION until $1-14-1l. jbaran@wileyrein.com. jdugan@willkie. tgarry@harrisbeach. tbromberg@ileyrein. Cc: rtobin@capdale. walbert@harrisbeach.pdf PROPOSED STIPULATION OF EXTENSION until 10-28-11." <Joel. on t h e motions h e a r d on August 22.com. 2011. Ireceived your phone message requesting your third or fourth time extension to answer or otherwise respond to the March 22. C . representing S t a t e Defendants.

a much more stringent requirement than simply being "born a citizen". "Recently. at the t i m e o f the Adoption of t h i s C o n s t i t u t i o n .) The Constitution states that only a "natural born Citizen" may be president. (Please review Pixel Patriot's excellent anaiysg on this issue. and been fourteen Y e a r s a Resident w i t h i n t h e United States." Be that the case."natural-born Citizen" complies with the United States Constitution Article 2 Section 1 Clause 5 that mandates: "No Person except a natural born C i t i z e n . may a p p l y f o r a n o r d e r . The s t a t e board of e l e c t i o n s .. "New York State BOE Web Site Cover Up'..trying to amend the US Constitution with an eraser. The tactic contributes to an insidious pattern of behavior being perpetrated just so Obama will be APX . This effort in New York is part of a much larger effort nationwide to falsely revise history (in this case by scrubbing the very words of our Constitution).258 . on i t s own i n i t i a t i v e . may i n v e s t i g a t e any a l l e g e d v i o l a t i o n of t h e f a i r campaign code and. a s provided i n t h i s a r t i c l e . Iam giving you fair notice that Ihave just discovered that your client NYS Board of Elections is involved in what an experienced attorney characterizes as ". and having been denied any administrative response as required under N Y S BOE Fair Campaign Election code Section 620 1. n e i t h e r s h a l l any Person be e l i g i b l e t o that Office who s h a l l not have a t t a i n e d t o t h e Age o f t h i r t y five Years. i n a p p r o p r i a t e c a s e s ." and because of the nature of the continuing injury t o m e starting no later than September 2008 in m y efforts using EL 3-106 (3) 3 .3 since my complaint of October 2008 and as in this hrther matter herein when everyone else has responded the below matter is the subject of a supplement to the complaint as to the New York State Board of Elections and whomever involved in the "eraser" or cover-up of the archive of the 2008 POTUS candidates qualification requirements.. o r upon complaint o r o t h e r w i s e . o r a C i t i z e n o f the U n i t a d S t a t e s . s h a l l be e l i g i b l e t o t h e O f f i c e of President.. the New York State Board of Elections was caught trying to amend the U S Constitution with an eraser by listing POTUS eligibility as available to any person "born a citizen".

All rights reserved . Best regards.allowed to occupy the White House despite US Supreme Court precedent which states directly that he is not eligible.)" Attached a t your request is the proposed stipulation of extension until October 28. (This report assumes Obama was born in Hawaii. 2011. I am at the library and when signed scanned it and send by email for me to sign and return today by 6pm. Chris Strunk 845-901-6767 Copyright O 2003-2011.

STRliNK V. hTSSC TWIGS WDEX 6500-201 1 ORDER TO SHOW CAUSE EXHIBIT 6 APX .260 ---- . NYS BOE ET AT.

here and h.as beyond quesfzo?zellgzblejbr POTUS . Happersett has been cited multiple times as precedent on citizenship issues as well L Z . ~ voting rights. My research indicates unequivocally that for over a century before the appearance of Obama. and not dictum.was scrubbed to include as eligible those born of only one citizen parent.Natural Born Citizen <( Respecting the Constitution7 The Natural Born Citizen blon went missing. I have assembled multiple quotations from various published Happersett.) Other instances of gross inteltectual dishonesty documented at this blog include the recent attempt by Justia. Recently. wherein his original analysis .) The Constitution states that only a "natural born Citizen" may be president. (Please review Pixel Patriot's excellent analysis on this issue. Another instance of this misleading practice was the revision of a Michigan Law Review article by well-known legal scholar. The citizenship issue decided in Minor v. The tactic contributes to an insidious pattern of behavior being perpetratedjust so Obama will be allowed to occupy the White House despite US Supreme Court precedent which states directly that he is not eligible. Minor was recognized and cited as precedent on the definition of federal citizenship Page 1 of 11 . just as the very words of the Constitution are being scrubbed. ofre orr cifzzenshzpand the other on voting right^ That the citizenship issue is precedent.. a inuch more stringent requirement than simply being "born a citizen".lh~76 only nperson born m the ITS of'cztize~z parents w. has never been questioned in our national history until now. (This report assumes Obama was born in Haw-aii.com to rewrite American history by scrubbing links in subsequent cases which establish that Minor v. "New Y o ~ State Web Siie rover ry". This effort in New York is part of a much larger effort nationwide to falsely revise history (in this case by scrubbing the very words of our Constitution). . now it's back. Professor L*rence Solum.) literature which cogently establish that the Supreme Court issued iwo holdings in Minor. the New York State Board of Elections was caught trying to amend the US Constitution with an erase: by listing POTUS eligibility as available to any person "born a k BOE citizen". Happersett has been documented as precedent by multiple sources of legal scholarship (See also my previous two reports analyzing Minor v Below.

Van Dyne only went so far as to state that such persons were "native-born citizens". and that tlie holding therein defined natural-born citizens as those born in the US of citizen parents. whereas the latter incorrectly argue that it is the (mIJi element. In the following passage. "Citizenship of the United States" (Lawyers Co-Operative Publishing Co. Van Dyne also points out that a statement by the Supreme Court in the Slaughter-House Cases appears to contradict this theory. But Van Dyne. Happersett was precedent. (See Van Dyne's treatise at pgs. while discussing the holding in the New York case ofLpch t i Clark (not binding on the Federal Courts). hi doing so. Van Dyne argues that previous American cases recognized that persons born on US soil were US citizens regardless of the citizenship of the yareilts. But Van Dyne's analysis stresses that the contradictory statement in the Slaughter-House Cases is dict~m. However. published analysis that the citizenship decision in Minor v. failed to endorse that case's opinion that all native-born citizens of foreign parentage were natural-born citizens.We turn now to an esteemed legal scholar and Government attorney who specialized in citizenship law. 6-7 ) Where the US Supreme Court in Minor differs from Obama eligibility propaganda is that the former regards being "native-born7' as just one element necessary to meeting the natural-born citizen standard of POTUS eligibility. Van Dyne anotes (see pgs. 19041. Happersett is precedent on citizenship as well as voting rights. 12-13) the Minor Court's definition of a natural-born citizen as one born in the US to citizen parents: Page 2 of 11 APX 262 - . Van Dyne clearly recognized the Minor Court's decision on citizenship as precedent which outweighs the &cnLm of the SlaughterHouse Cases.. Happersett on citizenship in order to counter the "dictunz" from the Slaughter-House Cases. In his famous treatise. while holding the office of Assistant Solicitor for the US Department of State. He then refers to the ''decisionW in Minor v. Van Dyne directly recognized that the US Supreme Court's decision in Minor was precedent on citizenship. As you will see below. He will provide unquestionable clarity on the issue of why Minor v. ASSlSTANT SOLlClTOR US DEPARTMENT OF STATE The source in question is Frederick Van Dyne who. Van Dyne argued that persons born of foreign parents on US soil were "native-born citizens" of the US prior to the Civil Rights Act of 1866 and the adoption of the 14th Amendment. FREDERLCK VAN DYNE.

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the electzvefianch~se not hev~g essentiul to citizenship. Examine the last paragraph again: "7% decision in thrs case w a s that u l. although mot er?titZeedto vote. The first point is still good law. Vil-ginia Minor did not accept that citizenship without voting rights was equal citizenship.S a czfrze~z of [he UrrrtedStates.) " The "decision" in Minor is twofold: I) woman ctre cguul citizen.Very rarely. whilst doing research. but in 1875 it wasn't. does one come upon historical evidence that so perfectly establishes the point in question.^ to men.APX . (Emphasis added. This may seem obvious now.264 . She argued that women were being treated as "halh~ay citizens" and she directly petitioned the Court for a determination which stated that women were equal citizens to men Page 4 of 11 __-_-.tpomun hfmz c!f'citizetz purents within the U~zzft'd Stutm WLE.

the Court's unanimous opinion clearly states that "the whole argument of the plaintiffs proceeds upon that idea. the Court's decision in Minor operates against Obama being eligible.s.s.jlhexe ?+ere ?tu#~jes. i f 1. Van Dyne examines the Slaughter-House dictum carefully since it is a statement made by the highest court in the nation which contrasts his view that all persons born on US soil are nativeborn citizens.firYsf. In classifying the Slaughter-House statement as dictum.I*i~r the pzcr~x). were citizens and that their citizenship was equal to men The Court further stated that this "class7' of persons were "natives. say who shall he ~zazzcral-horn cztizcns.when zlsed in this connectctiori. since his father was never a US citizen.saiy to solve these dosbt. held that women. with the rtonzerzchfiareof ~tthzch the f. Rar t h y are itzcluded in the Iu\f is not denzed T~.pro$sidEs fhar 'noyersorz except a naturul-bont citizen. . Van Dyne notes that determining the citizenship of persons born on US soil to alien parents was not an issue before the court in that case He then points to the "deczston" on citizenship from Minor to contrast the Slaughter-House dictum and in doing so Van Dyne makes clear that Virginia Minor's citizenship was an issue directly before the Court in Minor.7pnrents. squarely before the Court was the issue of whether women were equal citizens Page5of 11 APX .an2ers of the Constitzdtiort werefumiliw.%me amthor. as distirz@ishe@Pomdiens or.s citizeizs hecmze thern.The Court in Minor. $born m t h US ~ to crfzzenpmer2fs. Note the following crucial passage fiom Justice Waite's opinion again. in word.s .for everyfhlngwe h e now to consider f h t ali chilhen horn oJ'citize~z yurents within the jztrisd'iction are themselves citize~ls.~..nborri in a wutzt7y rdpments M J ~ O uJerett.sf they rnzisf he in the. The worh 'all children' are certainly as cnmprehensit:e.^.As to &is class there have been dozchts.stfthis ccrse i f i s not nece.iiiesgo further and zrici1x& as cifizenschildren borti ulzthzn the jurisdiction ~. male or female." So. But in the passage above. 4 fcomrnort-law. and specifically avoiding the 14th Amendment. citizens uLs(~.265 . or nufirml-born citizens. @ the tinle of fhe aduptiutz offhe Con~~itittzon. The C:onstitutioion does not.s.fisl'. 162.fbre~p?er.ftctthe ~z*holE argument of thepZai~&iffs proceeds rrpoit that idea " (Emphasis added.) Current propaganda attempting to sanitize Obama in light of the Supreme Court's precedent in Minor mis-directs that Minor's citizenship was not an issue directly before the Court.t'l'fholib reference to the citizenship oftheir [88 US. zpin their hir th. but the citizenship determination remains as good law today Therefore. it w2us never dou6fedthat ail ch?ldrt..se. sbII 6e eljg'bb to the ofice u f Presidetza '. hut never CIS to the.sz<ficienf.. Resort must he had elsewhere to mcertuirz thut. or a citizen ofthe Ilrijfed States i . cis 2allpersotzs. the Constitution did not provide a right to vote to anyone. This part of the holding was later erased by the 19th Amendment. 168. ' nrtd Iffrmczles w r iriclirded iri fJ2e ia.. referring directly to Article 2 Section 1. paying particular attention to the punchline: "[TJhe Consfifufzon .seI~~e. or natural-born citizens" The Court also held that while women were equal citizens to men.

the 14th Amendment need not be construed. Her "whole argument" Page 6 of 11 . rchile holding the poszho?~ of ussistmf solicitor of the Depnrmenr of Stnte. the Court would have established his citizenship under Article 2 Section 1 as the court had previously done for Virginia Minor. But Wong Kim Ark was not in the class of natural-born citizens (previously defined in Minor).-4h.~z. l here cctz hc no ha@ w a cztrzenshzp. or to laone.and federal citizenship in general .lair~?al Of Inie~rtutioncrl Lcrw: "The author. The Minors argued that if women were not allowed to vote. ntree years ngo. TEE MINORS' HALFWAY CITIZENSHIP ISSUE Virginia Minor's briefs (prepared by her husband.s. " 'lhere carz be no di1. the following review appears in The Amerzca~~ . And Van Dyne specifically quoted the natural-born citizen definition from Minor (taking no issue with it) just before announcing the Court's "decision" that women born in the US to citizen parents were citizens. zs ej~atled fo all the benefits offhat poszaon. " Justice Waite spent so much time analyzing Minor's citizenship . It is crucially important to recognize that Wong Kim Ark's citizenship could not be established without the 14th Amendment since he was not a natural-born citizen. ~ Hromtnz.fczfzze?zshzp. Again. as a czizzen qf fhe UnztedSrdes. whereas those whose citizenship faced doubt due to alien parentage required help from the 14th Amendment. "Citizenship In The United States" As to the soundness of Van Dyne's treatise.s c h at tj7e &mehrghly comend~d by competent cntrcs and which those who hmle ssrnce used r f hm~efm~nd to be an excei!~wt ~na?~uuI. Since Minor was a natural-born citizen. then their citizenship was not equal to men. ezfher c?fzt.s dutrer. the 14th Amendment was not necessary in determining Virginia Minor's citizenship since the Court was able to rely upon a direct construction of Article 2 Section 1 instead. The Court held that Minor was in the "class" of persons who were designated as natural-born citizens. he puhlzshed a work o ?dtizetzshzp ~ ($the I/~z~terlS~ate. mii lzuble to all rrs obligaaons.because Virginia Minor directly petitioned the Court to do so. And such help came in 1898 when the Supreme Court held that Wong Kim Ark was a US citizen under the 14th Amendment.szotz t.o consider the name of Van Dyne's treatise.srzghts cw zt. if he had been in that class. attorney Francis Minor) rehsed to blindly accept lower court holdings which stated that women were equal citizens to men. " Van Dyne stressed that the decrsion in Minor contradicted the earlier dictum in the SlaughterHouse Cases. of thrs work TZOIVocczipzes a / r imporfa~~t post in the Amerrcan Constliar Service. a w o ~~ k ~ h z wc1. and therefore the Supreme Court was forced to directly construe the 14th Amendment to resolve citizenship doubts pertaining to the "class" of persons born in the US to alien parents. The exact wording of Minor's argument stated (see pg 59).

The Minor decision. acknowledged women's status as citizens but denied that citizenship entailed voting rights. Quarter& Jazrmal of Speech lbl 93. is entitled to all the benefits of that position. "On March 29." (PDF at pg. Here are some relevant quotes fkom this peer-reviewed article' "In this milieu.' The Mmors' argument to the U S Supreme Court elaborated this point 'There can be no half-way citizenship Woman. There does not appear to be even one source which alleges that the citizenship issue from Minor was dictum prior to October 2008." at pg. But there are numerous sources which document lhe citizenship issue as precedent. Ray & Ci~~dy K o e ~ ~Richurd ig Note the title. November 2007.APX . citizenship could not be partial. For example. pp. 8) "Inventing Citizens" was published in 2007. and the challenges of litigating a nineteenth-century test case that sought to expand the legal definition and performative parameters of citizenship. woman's rights activists. 7). Imagining Gender Justice.. (PDF at pg. Page 7 of 11 _-. And here we have literally a texthrx~k example illustrating the difference between dictum and precedent - The citizenship of Minor. 3). the Court's unanimous decision in Minor v.. as stressed by Justice Waite. . . by Angela G. Waite. 4. Happersett. the complexity. revolves around the issue of citizenship. And since her citizenship was an issue before the Court. The Minors' rhetoric addressed not only judicial authorities but also women citizens. as a citizen of the United States. The Suffrage Rhetoric of Virginia and Francis Minor".which was referred to the full court by Justice Clarence Thomas. written by first-term Chief Justice Morrison R. Fells .io 1:. 375-602. seeking to hlfill revolutionary promises for themselves. The arguments that they espoused and performed asked how citizenship should be conceptualized and how it should be enacted. whereas the Court's citizenship statement in the Slaughter-House Cases was dictum since no citizenship issue was before the Court in that case.'.. "For the Minors. 2). and ensured the necessity of a federal amendment for women's enfranchisement. we are entitled to all. supported the authority of states to deny voting rights.depended on it.. "Inventing Citizens" Indeed. accepted that women were citizens but disconnected citizenship from the franchise. No. that multiple sources besides Van Dyne have also documented the citizenship precedent set by the Supreme Court therein. the entire case.267 . Happersett. one year before Obama's dual nationality at birth problem first came to the general public's attention via the case I brought against the NJ Secretary of State -DowofP. please review "Inventing Citizens. it issued a "decisior7" that she was a citizen. or to none ' " (PDF at pg. is so ingrained in the history of Minor v. and of all women. (m "This essay demonstrates the ingenuity. and any exclusions from federal citizenship rights had to be made explicit in federal law The Minors insisted that the definition of citizenship required that its privileges be applied equally and filly In 1869 Virginia Minor told the Missouri Woman Sufffage Association that if women 'are entitled to two or three privileges [of citizenship]. and liable to all its obligations. pressed the courts to define the privileges of citizenship as applying to all citizens regardless of sex.

mf%-ugt' w'ns nrjt ?zeccs.)ute hecnu. Rothenburg (Worth Publishers.268 . "Race.) fhe cortr.~r?zchi. Vomen were citizcrzs qfthe linzted States g ?tota r~ght ofczkze~~shp. Christian Zacher. rthe r1g1~1 to x70te~ t ~not asa przvzlege OP rmmzii?lrj. the author noted that the Supreme Court "decided women were citizens: "7he court decided rhaf while ikfrs. the fhurf held. Happersett.tfourd.s t z o &)uht that wozwa~z may be citizerzs'. btdf ~ o f i nwlas The tandem issues of citizenship and voting rights were again noted in. 1875. 2005) has this to say about Minor v. 2004).{Image of text. " ( S e e pg 1593.s of citize~tship. a un~mimozcs Suyreme Cmirt ruled that states did not i~iolufe the C'o~z~titz~t10~z when they denied women the right to vole. it states that the Supreme Court "held" that women were citizens. " (See pg 485 ) (Emphasis added ) in "American Citizens and Their Government".sarzfyone of the przvileges cad imm?~f?izie. nor drd fl7e ~ m l e t ~ h e n t sufiage b the privileges atxi zn~mz~?zzbtes of ~zofional citizenship.nothiizg more' m~dfor itsfim2. the Oxford Comnarzzon To The Sipreme C a r t Of The Uitrted Sfafes (2d edition. Andrew Cayton (Indiana University Press. the Supreme Court's citizenship holding was also acknowledged: "(112 March 29. Minor v. in "The Boundaries of Her Body: The Troubling History of Woman's Rights In America".) " The Oxford Companion makes clear that as late as 2005.For example. 2d. 2007). I have not seen any resources that pre-date Obama's 2008 election campaign which state that the Supreme Court's analysis of Virginia Minor's citizenship was dictum and not precedent.se. 64. Happersett was always viewed as the precedent ruling that wonien were equal citizens to men. 6th Edition.Minor was clear& n citizen of the Ui7itedStaft?s.) Until Obama came along. Page 8 of 11 APX . rina~imol4s rejection ofthe Fourteenth Anzerrdment as a source either of a substmtiveeral stifloge rzght or of afederal limrfon stare co~t@ot of the . " '?%ere i. '"See pg. 2004): 'Tn this case the cou~t held that althoiigh women were nt~zens. Both were precedent until the 19th Amendment nullified the voting rights issue. by Kenneth Wallace Colegrove (Abbington Press. l921).) in "The American Midwest: An Interpretive Encyclopedia". whereas the citizenship precedent still stands today. she was rrot enfitted to r.se the rixht c?f. by Richard Sisson.fi.for its ~rnnwo~+~ &fi*tritiotz o f citize?tship 'as com~eyeyilzg the idea qf membership qf n ?tarion. o f natzond crfie~?shzp before ndoptior?ofthe I lth Amer~dmenf. by Debran Rowland (Sphinx Publishing. " (See pg.. by Paula S. Class and Gender in the United States: an Integrated Study". "It zs notnhle. Minor is "notable" for Boih its definition of citizenship and voting rights.

the Supreme Court held that persons born in the US to parents who are citizens are "natives or natural-born citizens " These are referred to as a "class" of persons separate from the class of persons born to alien parents The Court in Minor acknowledged that. nor was he ever permanently domiciled here That Virginia Minor was not running for President makes no difference at all By directly construing Alicle 2 Section 1 in determining that Minor was a citizen prior to the adoption of the 14th Amendment. wherein the Court determined that a child born in the US of alien pal-ents bermanently domiciled here) was a US citizen. His father was never a US citizen. or the Constitution is amended. OTHER AUTHORITIES ARE RENDERED MOOT BY THE US SUPREME COURT'S DECISION IN MINOR In conclusion. and further stated that if the law was unfair it should be changed. but the Court recognized that their duty was to uphold the law as written. The Minor opinion acknowledged that the decision might seem unfair and that the law itself might be unfair. the Court in Minor exercised proper judicial restraint by not reaching further than necessary to make an expansive landmark interpretation of the 14th Amendment.269 . But they weren't natural-born. the Supreme Court in Wong Kim Ark could have avoided the 14th Amendment as did the Supreme Court in Minor v. the Court gave birth to a standing definition which conclusively determined the class of natural-born citizens. This was confirmed in 1898 by the Supreme Court in UTong Kim Ark. This is due to the separation of powers determined by the Constitution itself. Therefore. according to the Supreme Court's definition. I realize there has been a great deal of scholarship unearthed by both sides of this argument. It's important to focus on the Supreme Court's holding as opposed to allowing the precedent set therein to be hijacked by Page 9 of 1I APX . Happersett In c. the case stands as governing national law. Happersett. the class born to non-citizen parents might be citizens. But in Minor we have direct Supreme Court precedent for this issue which renders other sources moot. Vattel does not make national law The US Supreme Court and the Congress malce national law. "subject to the jurisdiction thereof".The Supreme Court's analysis in Minor elicited a specific definition of the class of natural-born citizens in order to avoid a tricky interpretation ofthe meaning of the 14th Amendment's nebulous phrase.onstruingArticle 2 Section 1. By exercising such restraint. despite existing doubts. Happersett does not mention the Law of Nations or Vanel. 1must point out that the holding'defmition of a natural-born citizen issued by the Supreme Court in Minor v. Obama is not eligible to be President since the class of natural-born citizens was held to be those born in the US to parents who are citizens. but that such a person's citizenship is determined by operation of the 14th Amendment Had Wong Kim Ark been a natural-born citizen like Virgnia Minor. Unless the Supreme Court overrules the citizenship precedent stated in Minor v.

Nobody knows how many votes. the Obama might invoke such laws to declare martial law. suspend elections. However. Wells. 1thought the answer was an emphatic "never" since the Supreme Court was twice handed the issue on a silver platter. the game has changed drastically. certiorari was refused in both cases However. as Page 10 of 11 APX . then the eligibility issue has an exponentially greater chance of being litigated before the DC District Court by Writ of Quo Warranto. Such a determination would render his entire administration void.those who seek to define this definition as "Vattelist" or "foreign". The US Supreme Court in Minor failed to mention Vattel. The UN is increasing its interference with national sovereignty. This could happen through a national emergency and subsequent martial law. Should Obama avail himself of such draconian measures. The economy all over the world is scay. Both Donqfvzo v. the definition stated is to be referred to as the US Supreme Court definition of natural-born citizen. with a recent trial balloon thrown out by the Governor of North Carolina regarding a possible suspension of electio~is in 2012. There are provisions of the Patriot Act and various Executive orders which allow for martial law scenarios to unfold. if Obarna attempts to suspend the election or otherwise retain the White House a&eelosing in 2012. the issue of his eligibility will probably fade away. ifthere is an emergency (real or imagined). and incarcerate alleged enemies of the state. it might be difficult to impeach him. Regardless. For a long time. and the petition I prepared in Wrofizo~~sln v. Their appointments could bc nullified if Obama's administration is voided which would cause them to have a personal stake in the outcome. FUTURE CERT 4ND PROPHECY? I have been asked many times over the last three years whether I believe this issue will ever reach a decision on the merits in any federal court. And all currencies could go belly up as the Ponzi scheme of Fiat paper and fractional reserve banking threatens to make the Great Depression seem not so great And there is a very strong possibility Obama could lose this election. Unfortunately. @sre~viczwere referred to the h l l Court for conference. If a truly eligible President were operating under any of those dangerous powers. Protests are circling the nation. were in favor of reviewing the eligibility of Obama. if any. and finally ending up in the US Supreme Court. so despite any influence he might have had on the framers. If Obanla were to lose the election and graciously move on. the only argument available to remove him may be that he was never eligible to be POTUS. which is very different from impeachment This is why. it becomes imperative that Justices Kagan and Sotomayor recuse themselves. T truly believe we are headed for a national moment of intense Constitutional conflict.270 . (For a more thorough explanation as to the fallout of voiding a government office. should the issue ever reach the Supreme Court. I am very concerned that he will not leave office quietly if the people do not invite him to return and that suspension of the 2012 election might be attempted. and by no other name.

see my previous r comments thereto specificaily noting precedent in the Senate.271 - .opposed to removal via impeachment or expulsion. I believe there is an unseen force which is already in place. Esq. to your door. by Leo Donofrio. You can feel the rhetoric surfacing against those who have worked hard to achieve success and wealth When you hear the consistent mantra that no person is "bettes" than any other person sung by the masses as they surround your home. .) m on Quo Warranto and Furthermore. Copyright 20 11 Page I 1 of 11 - APX . you will know that glorious American ideals of success through hard work are being sac~ificed on the altar of redistribution of wealth Just aslc 789 Chrysler dealers where their franchises went Their private property was taken and corporation from a socialist nation was gifted an American given to others And a fore~gn ~nst~tution at the cost of $23 billion to the US taxpayer Fiat paid nothing for Chrysler. and inside your house. waiting for its moment to take this nation and cash in the change promised by dear leader. not one dime This was done at the insistence of Obama who demanded that no American company was capable of turning Chrysler around I didn't see one single protestor on that one 1pray that Chrysler is not a blueprint of things to come..

STRUNK V. W S BOE ET AL M T S S CKLNGS lNDEX 6500-20 11 ORDER TO SHOW CAUSE EXHIBIT 7 APX _ __--_ .272 .

Thank you for your cooperation. Joel JOEL GRABER Assistant Attarney General Special Litigation Counsel Litigation Bureau New York State Attorney General's Office 120 Broadway .24th Floor New York..gov This message is intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL.. October 17. 2011 7:28 am To: "Chris Strunk" <chris@strunk. October 14.ny.2011 7129 PM Subject: Schack Case .Print .Original Message -------- APX .Graber@ag.-. I f you are not the intended recipient.ny .Extension From: "Joel Graber" cJoel. Thanks.Extensian] cestrunck@yahoo. Thank you for the extension from 10/21 to 10/28.273 . please erase all copies of the message and notify this office.Close Window [FWD: Schack Case ... you should wait t o see what Justice Schack says. Please reconsider. Monday. you are hereby notified that you have received this document in error and that review.ws> Chris..corn. NY 10271-0332 (212) 416-8645 FAX (212) 416-6009 Joel . but that's still too tight for my case load.gov> Date: Fri. If you have received this communication in error. . dissemination or copying of this communication is prohibited.Gtaber@ag.

Plaintiff. Schack) N E W YORK STATE BOARD OF ELECTIONS.Grabereag. IT IS HEREBY STIPULATED AND AGREED.6 0 0 9 Joel. New York October 14. SCHNEIDERMAN Attorney General of the State of New York Attorney for State Defendants JOEL GRABER Special L i t i g a t i o n Counsel Litigation B u r e a u 1 2 0 B r o a d w a y . Arthur M.gov . that t h e t i m e for any State defendants to respond to the amended complaint in this action be and the same hereby is extended to October 28. or by electronic means. 2011 ERIC T. Index No. STIPULATION OF EXTENSION Defendants. Dated: New York. NY 10271-0332 ( 2 1 2 ) 416-8645 FAX (212) 4 1 6 . by and between t h e undersigned. et a l . 2011. and in counterparts. and it is further STIPULATED AND AGREED that this stipulation may be executed i n facsimile.SUPREME COURT OF TEE STATE OF NEW YORK COUNTY OF KINGS IAS PART 27 CHRISTOPHER EARL STRUNK.24th F l o o r New Y o r k .ny. 6 5 0 0 / 1 1 (Hon. .

New York O c t o b e r .Dated: Brooklyn. NY 11238 (845) 901-6767 APX . 2011 CHRISTOPHER EARL ST2LRVK Plaintiff P r o Se 5 9 3 Vanderbilt Avenue .275 .# 281 Brooklyn.

NYSSC KINGS LNDEX 6500-201 1 ORDER TO SHOW CAUSE EXHIBIT 8 APX .- STRLJNKV. m r SBOE ET AL.276 - - .

soil is "born a U.S. Wenihan@poughkee.wsN . February 18. 2010 There is an error on the N Y States Board of Elections website. Conklin. not just "born a Citizen" as indicated on the NY State Baard of Elections Website .gannett.corn. Feburary 18.Newsroom@poughkee.cornr Date: Wed. imprimis@hillsdale.gannett. The United States Constitution Article 2 Section 1Clause 5 Clearly States that only a Natural Born Citizen shall be eligible to the m c e of President. Creg Maroney Pleasant Valley NY phone: 845-723-423 1 fau: 8 4 5 .us/ 2008 / I 1/natural-born citizen defined.edu. jon. Bcc: "Bill Allen" chvanallen@hvc.state. http: / / federalistblog. 2010.2010 aRer speaking with him on the phone.aov.Forwarded Message ---From: Creg Maroney >-< To: iconWin@elections.2010.cchris@strunk.roland@constitution.7 8 4 .com Sent: Thu. 2011 6:48 pm To: "chris@strunk.Original Wessage -------Subject: M y Second email to NY State board of election Feb 18.htrnl#comments I f you want to file a FOIL requesting a record of all changes to the website in that regard that would be useful.201 1 1:39 pm To: "Creg Maroney" cusords@yahoo.1587 APX .corn~ They intentionally changed their website to what it is today from what i t was inn the 2008 Election Cycle to cover-up their involvement in the scheme t o defraud file in 2008 and again in 2011. Chris Strunk --. Creg Maroney Pleasant Valley. The United States Constitution. See http://pixeloatriot. Will you please correct this error that is misleading the public to what is correctly written within the Law of The Land. Citizen". September 21. Sep 23.2010 7:19:35 P M Subject: Defining Natural-BornCitizen Mr. Article 14 states that anyone including two illegal immigrants that have a child on U.nv.S.2 7 7 . "PAMELA BARNETT" <pb_realestat@yahoo.or~.ils Cc: nvaa. From: Creg Maroney <usords@vahoo.com>.---.corn:.~ressoffrce@aa.ws Date: Fri.htm1 Thank You Best regards. Strunk This is the second email I sent to John Gonklin of the NYSBOE on Feb 18.Print 1 Close Window - Subject: RE: My Second email to NY State board of election Feb 18.rr.blo~~~0t~com/2011/09/statute-in-new-vorkstate-law-defines. There has not been any response to this very day.. From: chris@skunk.nv.wsz Mr. and surely enough as you well know these born Citizens are excluded from being President of the United States of America. NY ----.

Creg From: "chris@stfunk. If the public servants at NYSBOE. two thumbs up. html. No response yet. I would think this week I would get a response from the "Counsel's Office. Pixel Patriot did an excellent job exposing the cover-up. Kevin Powell ~kevinrichardpowell@yahoo.Art~cle78 re NBC to be filed Wednesday estrunck%ahoo c Sunday. If you can incorporate my unconstitutional dealings w / t h e NYSBOE please feel free to do so.Original Message -------Subject: Re: OSC . Update: New York State Board of . posted below.2011 5 4 5 Pfvl Subject: OSC -Article 78 re NBC to be filed Wednesday Creg I n regards to our earlier correspondence and your subsequent complaint to the NYS BOE amending a change to the NBC requirement.rr.Close Window E. 2011 3:51 pm To: "chris@strunk. in which you are entitled a EL 3105 administrative hearing. do not know the answers to my questions then they do not know who is eligible for the Presidential ballot.com>. October 16. October 16." Everyone working at the BOE should know the answers just to work there. period. OSC . I will mention the EL 3-105.Print . October 16. Every A s s e m b l y member in NYS was recently notified and asked the same questions that were presented to the NYSBOE.mm> Ce: Bill Allen <hvanallen@hvc.com/2011/~0/newyork-state-boe-website-cover-up.2011 7Q6 PM -------. or any election "officials" nation wide.ws> Chris.ws" <chris@strunk.corn> Date: Sun.blo~spot.ws" <chris@strunk.w9 To: Greg Maroney cusorus@yahoo. priceless. and now you can add that to your lawsuit to PROVE corruption. and are unfit for the election process. I'm speaking with an Attorney on what actions will be next.corn~ Sent: Sunday.Article 78 re NBC to be filed Wednesday From: Creg Maroney ~usords@yahoo. have you heard further word other than what has been published on Post & Email? Iam about t o file a special proceding in the form of an order to show cause in my ongoing complaint before Justice Schack concerning http://pixelpatriot.

us tknapp@co.ic.http://www. Cinvemor.nyus (Ipatricola(~co. 'l11e N Y S Board of Elffitio~is and 'l'he htchess County Board ofi'Electioils. Kep.n~.ny.ny.u~).dutcbess.us).Cluls..fbi.rtate. nyl@.dutchess.us!.m). nyspnlail:&?&oopers.rhtchess.us (x~errq-@co.us (MulumroM(~~sernb1y.us).ny.org (cpi($nyintegnty.fate.go~~).dutchess.ny.nq.thepostemail.s~te.~~).us (afomm(~co.afor~nm@co. jcoklin(@elecrions.u~).dutchess.lp~~ricoIa@co. ~2'eI~enber~l@?~~Selllb1~.buffalot~ic.tiibson~mil.us ( h p p ( @ c o durchess.@co.state.ny.state.dutchess.dWchess.~t~te.~~ (~veisenbergh@assernbI~-.Cuomo@exec.Ci~bsoi~~$~lli~l.dut~hess.ny. 201 I 'Yo:Conmunicahons Director John Conklin.ny.l~ouse.usi October 12.go%.ny.us (ipgomsp~.gox~ Cc. cpi.dutchess.ny (dutchesselect~o~~s@co.tbi.Chris.ny..ny.gov).house.dutchess.ny.dutchess.11~ (shenff<u)co. t r s ~coiW&elecbons. cnt~~land.ny.us).%i.dutchess.state.ny.state ny us (info~~e1ections.ny-.us).dutchess.m. .dutchess.ny.gov (nyl@ic.com/20~ 1/10/13/uew-vork-stitte-board-of-elections-makes-fa1se statement-about-article-ii-aualificatiod Update: New York State Board of Elections Makes False Statement about Article I T Qualification AND WHY DO THEY REFUSE TO CORRECT THE RECORD? From:Creg Maroney Sent: W e d 10/12/11 7 5 1 PM To:info(2elections.n~.ny.us ijshort@~co.~ttDopers.riyintegrity.n~.ny.ny.gw (Kep. dutchesselect~on~@~~. jpagones~@co.ny.m).dutchess..org). sheriff$co d1itchess.np. %~erq@co.dutcliess.gov(huffalot@ic.us (cdurla~zdi@co. MoliuaroM@assembly.fhi.nq-11s).stare.US ~nyspmail~.s~te. jshort@.us).ny.

even though Article 2 Section 1 Clause 5 of The United States Constihrtion shows a distinct diffcrmcc hctwccn a citizcn and a natural Inxn Citixcn? 4) ARTICLE 2 SECTION 1 CLAUSE 5: " .&d the fowlding fathers put thal specific requirement in The 1. I %.0 person except a natrird born C'itize71.2. President 1 1 1 Article 2 Scction I Clausc 5 of Thc tJ. I have also written repeatedly since F e b r u q 201 1 questions regarding elecQons that have gone unanswered by the New York state board of elections and the Dutchees county board of electiom t o dale." why is tticrc that basic grariimnr diffcrcncc in thc 14th ~lncn&rlcnt U. you havc iiot yro'i~dcd any rcaso~lcd rcsponsc. ConstitutionB USC Section 1401 [clitizen and the natural born [Clitizen reqmement for U..ddoptio~z of fhzs Comfiirtfio~r.I hare ~ ~ i tyou t ~rcpmtCCIIy n sincc 2009 socki~g a rcspomi: as to why you l~avc 1101provided accurate i~lfo~rnation to voters on vour website regarding the qttahficauons for candidates for the Presidency of the United States. or. I] 1) Are those citizens defined in Section 1401 of 'l'itle 8 United States Code eligible for the Ballot and wdl be placed on the Rallot in New York SkiLe LC) run Tor Tht: Presidency and Vice President trf The IJniied States? 2) Arc those citizens dcfincd in Scction 1401 of Titlc 8 Ihiital Statcs Codc cligiblc for tlic candidacy on any Rallot in Ncw York Statc [[ EXCEPT ]] for The Presidential and Vice President? 3) Can a chdd of two IUegal Aliens that is born i n New York State run for the Preside~lcy of the United States a d will be placed coil thc Prcsidctitial Rallot in Ncw York Statc since that ctdld is '' hmn a citizcn " as xvrittcxi by h l m Conkliri on the NYS Board of Elections website. Constitution? 7) U b t is an Article 2 Section 1 Clause 5 "natural born [Clitizen" and why.S. " Is it true only a m~ural born [Clilken is eligible and will bt: allowed on the ballot in New York Slate if helshe is r m m g for the afice of the United Stztes Presidency at the prasent time since all the "citizens" at the t m e of the adoption of the Cttnslilution are not alive? 5 ) Is it kue I h a L one or The Llniied Skiles Conslilulional rstlukemt:nls L o run for the oilict: of The United Slates Presiciencj is a "natural born IC litizen" and not "born a I clitizen"? 6) Is it true that in bas~c grammill a lower case [c] in "citizen" and a upper case [C] in natural born Citizen ha\% two ciitircly d~ffcr-crit tncaninpsl Rcinp clcctinn "officials.S. [[ Section 1401 of Titlc 8 of the Unitcd States Code dcfmcs "felitizcns" of the United States at birth.ill once again submit my electin11 questiom to those i u charge oftranspare~it f x elections ul the state and county 1reside.280 .3. To date. a Citizen afthe CTnifedSfutes. shall be eligible fa the Ofice of Presideizf: .Jnited States Constitution for one to he eligible for the Presidency of The United States? APX . at !ha time o f t/w .

hiied Stule~s. cmd her?J.. John W Conklin Director of Public Information N Y S Board of Elections APX . Adoprion of lhis Constitlttion. Dear Mr. in the past. Constitution " natural born Citizcri " is NOT thc sane as s 14TH Amendment U S. hud.281 .8) Is it truc that an Art~dc 2 Scctio~~ 1 Clauvc 5 U." Your wcl~sitc. yet.ibleto that Q#ce who shall nof huve ctl~uineci lo the Age :r$ihi~&-Jiw Yeur:~.Slu&s. tlicixhr-c.hb pewon a c d a rurfural b m Ciiitm. I eagerly amall y o u response Editor's Note: Mr. or (I Ciliz~ O J ~ fhe Ciniled . and potentially you stand in nolation of various state and federal statutes r e g d g conspiracy. Maroney reported the following response to the above communication following its publication. Constitution/K USC Section 1401 " citizen '1' This is to formal% request that you immediately amend your website to accurately reflect Constitiltional law regardmg the eligibdity requirements for someone to be able to be elected as President of the United States. The Constitutiolml requirement achlally is that. one must be "born o citizen". and com~ption. Sincerely yours. you have not corrected the error. among othcrs Therefore. r~l/he time 0 1rht. repeatedly.urieen Years u Resi~knl wziihitz /he I. one can assume only that you intend to mislead the general public about this rcquircmcnt. misrepresentation. you are strongly urged to take corrective action m e d i a t e l y to aiuend your website to accurately reflect Constitutionalla%. tzeif!z~r shall m y Person be eligib. Thank you for contacting the N Y S Board of Elections concerning various elections questions Your inquiry has been referred to the Counsel's Office for any reply Thank you for your interest in the NT7S Board of Elections. This is official notification that you stand in violation of the Constitution of thc TJnitcd Statcs of America. Maroney. Your website currently states that to be eligible to be elected President.is iriaccuratc and rnislcading.shrill be eligibLe to the OfJice o f Besidenf.S. Rcmusc you have bccm informal of thc Constitutional rcquircmcnt. to avoid hrt11er potential legal liability. ".

state. - APX . unless ohcrwisc specified.40 Steuben Street Albany. NY 12207 5 18-474-1953 jconklin@elections.nvus 6 1 20 1 1.282 . 'l'o read 1nore on our cop>~i@t restrictionsi see our Copyright nolice on Lhc subhcadcr of cvcq pqc. The Post & Emil. along the lcft nlwin. All rights reserved inicmatiomlly.

NYS BOE ET AL.STRUNK V. - APX .283 . NYSSC KLNGS LNDEX 6500-201 1 ORDER TO SHOW CAUSE EXHIB .

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With respect to electronic communications between NYS-BOE and Office of the Governor staff. The "Governor's staff" constitutes dozens of agencies which we cannot identify with reasonable effort. we are unable to determine with specificity the records sought. Aquila Commissioner STATE BOARD OF ELECTIONS 40 STEUBEN STREET ALBANY.elections.us October 7. Van Allen: The New York State Board of Elections has received your request for access to public records. N. William Van Allen 351 North Road Hurley. instructions to staff that affect the public.285 . Brehm. Keflner Co-Chair Evelyn J. With respect to electronic communications related to executive sessions of the Board. final agency policy or determinations. we have conducted a search of our records and determined that the relevant electronic communications are exempt from disclosure pursuant to New York State Public Officers Law §87(2)[a) constituting either attorney work product or subject to attorney-client privilege. N Y 12443 Dear Mr. 12207-2108 Phone: 518/474-6336 Fax: 5181474-1008 Co-Executive Director Robert A. specifically: "all electronic records (email) for the period 2007-2008 between NYS-BOE staff and NYS Office of the Governor staff as well as with NYS Office of Attorney General staff.. Peterson Commissioner Todd D. APX . including but not limited to audits performed by the comptroller and the federal government." With respect to electronic communications with the New York State Attorney General's Office.James A. or external audits. Walsh Co-Chair Gregory P.2011 VIA EMAIL H.state. Vdentitte Douglas A.ny. we have conducted a search of our records and determined that the relevant electronic communications are exempt from disclosure pursuant to New York State Public Officers Law §87(2)[g) constituting intra-agency materials which are not statistical or factual tabulations or data. Co-ExecutiveDirector httv:/lwww.Y. including: all electronic communication [email) for this 2007-2008 period related to executive sessions of the NYS-BOE.

286 .- .Mr. Conklin Director of Public Information Records Access Officer 5 18-474-1953 -- APX . Van Allen October 7. Sincerely yours John W.2011 Page 2 You have 30 days from receipt of a denial of access to public records or portions thereof to appeal to: FOIL Appeal Officer New York State Board of Elections 40 Steuben Street Albany. N Y 12207-2107 Thank you for your interest in the New York State Board of Elections. If you require further assistance. please contact us again.

287 i p _ p p _ _ - .STRUNK V. NYSSC KWGS LNDEX 6500-201 1 ORDER TO SHOW CAUSE EXHIB APX . NYS BOE ET AL.

John Caher fjcaher@alm. Robert Freeman (coog@dw. Christopher Strunk Subject: FOIL NYS-BOE website archival limitations re: US Presidential candidate eligibility including US Constitutional requirement of being a . Valentine (tvalentine@elections.state.us) Cc: Joel Graber (joel. Esq. William Van Allen -- From: Bill Van Allen [mailto:hvanallen@hvc. 201 1 Mr. Joel Stashenko (jstashenko@alm.especially since the 2012 US Presidential (NYS) funding campaign for USC natural bom citizen eligible POTUS candidates has already started in NYS and elsewhere. NYS-BOE (jconklin@elections.ny.graber@ag.us).ny.state. Conklin: 1 am antiapating your usual timely initial response tomorrow (Tuesday) to my latest FOIL electronic and print document request below .state.ny.gov).201 I4 5 0 PM To: (info@elections. Todd D.com).rr.us)..Monday.ny. H. October 17. Kim Galvin.us).ny.com] Sent: Sunday.com). October 09.state. Sincerely.

e."natural born citizen" Importance: High Dear NYS-BOE FOIUPIO: Sunday.289 . Again.rr. 'Wayback Machine".201 1 Via email. fax John W Conklin NYSBOE Albany NY : Dear NYS-BOE FOIUPIO UNDER NYS FREEDOM OF INFORMATION LAW Please provide All electronic and print documents 2006-2011 related to NYS-BOE website handling of publicly available archives on the following NYS ballot issue(s) US Presidential candidate eligibility including US Constitutional requirement of being a "natural born citizen". specifically all electronic and written documentation either allowing or not allowing automated NYS-BOE website's archival access to modified website pages -. NY 12443 8453894366 HvanaIlen@hvc.g. William Van Allen 351 North Road Hurley. October 09.com APX _ . H.

please contact us again. Thank you for your interest in the New York State Board of Elections. In addition. request If you require further assistance. Kcllncr Co-Chair Todd D. Van Allen: The New York State Board of Elections has received your request for access to public records. we do not believe what you have described meets the definition of "record" pursuant to subdivision 4 of section 86 of the Freedom of Information Law. Walsh Co-Chair Gregoiy P .. "Wayback Machine".Y. Brehm.290 . specifically: ". Peterson Commissioner Douglas A.eleetions.g.e. Sincerely yours John W..2011 H.James A. specifically all electronic and written documentation either allowing or not allowing automated NYS-BOE website's archival access to modified website pages .state. We have conducted a search of our records and have found nothing matching your request.all electronic and print documents 2006-2011 related to NYS-BOE website handling of publicly available archives on the following NYS ballot issue[s) US Presidential candidate eligibility including US Constitutional requirement of being a "natural born citizen. Valentine Co-Executive1)irector STATE BOARD OF ELECTIONS 40 STETJBEN STREET ALBANY. NY 12443 Dear Mr. Conklin Director of Public Information Records Access Officer 518-474-1953 - APX . Co-ExecutiveDirector October 17.us Robert A. Again.nv. This constitutes our complete response to your FOII. William Van Allen 351 North Road Hurley.". N. 12207-2108 Phone: 515f474-6336 Fax: 518/474-1008 http:il~t'ynv.

NYSSC KINGS INDEX 6500-201I ORDER TO SHOW CAUSE EXHIBIT APX .STRUNK V NYS BOE ET AL.291 .

262 .XdV .

APX .S. the OFR is charged with helping the states carry out their election responsibilities. Our thanks are extended to the Creative Services Division of the U. the Congress sits in joint session to certify the election of the President and Vice President.gov/federal-register/electoral-college/. In this role. Those choices are documented in Certificates of Vote. As the results of the popular vote are finalized in each state. and the American people.293 . Constitution. In December. visit NARA's web site at: http://www. the Congress.archives. ensuring the compieteiless and integrity of the Electoral College documents submitted to Congress. For more informationon the Electoral College. and then transferred to the Archives of the United States for permanent retention and access. based on the results of the November general election. NARAS Office of the Federal Register (OFR) acts as the administrator of the Electoral College on behalf of the states. the electors hold meetings in each state to cast their votes for President and Vice President. based on the documentary evidence assembled and reviewed by the OFR. In January. In the year after the election. Prior to the general election. In this Presidential election year. electoral documents are held at the OFR for public viewing. which are sent to the OFR for review on behalf of the Congress. which establish the credentials of their electors. the OFR sends an informational package to each state's governor to officially notify them of their electoral responsibilities. the voters choose electors to select the President and Vice President of the United States. and informing the public about the Presidential election process. The Electoral College system was established under Article I1 and Amendment 12 of the U. In each state. election officials send to the OFR Certificates of Ascertainment.S. Government Printing Office for its assistance in developing this cover. the cover of this pamphlet shows a representation of the Electoral College system in celebration of the spirit of the American democratic process.The National Archives and Records Administration (NARA) is proud to acknowledge its role in the Presidential election process.

[Revised JuQ: 2008] The 2008 Presidential ElectionlProvisions of the Constitut~on and United States Code 2 APX . National Archives and Records Administration.-- - .This pamphlet has been compiled and published by the Office of the Federal Register. for use by the Executives and Electors of the several States in the performance of their duties in connection with Presidential Elections.294 .

............................................. 15 9 21 Definitions......................................................... 8 Nineteenth Amendment ........................................................................................................ 8 Twenty-thirdAmendment ................................................................................................................................................................... Presidential Elections and Vacancies .. 8 Twentieth Amendment ........................ 12 .................................................................... 7 Fourteenth Amendment .......................................... Limit of Debate in Each House................................................................................................................................................. I I 5 8 Manner of Voting ....................... 7 TweM Amendment ....................................................................................................................................................... 13 tj 17 Same.................................................................................................................................................................................................................................................... 16 CONTACTS ....................................... 14 5 18 Same........................................................................................................................................................................................................................................................................................ Seats for Officers and Members of Two Houses in Joint Meeting......................... 10 T i k %The President: Chapter 1............................................................................................................................................................. 9 UNITED STATES CODE ................................................................................................................ 4 2008 List of States and Votes ................................................... 12 fj 14 Forfeiturefor Messenger's Neglect of D u t y ............................................................................................................ 12 Fj 15 Counting Electorai Votes in Congress. 10 3 ITime of Appointing Electors......................................................................................................................................................................................... 7 Fifteenth Amendment......................................................................................................................................................................................... Public Inspection ............................................ 8 Twenty-secondAmendment ...... 12 Fj 12 Failure of Certificates of Electors to Reach President of the Senate or Archivist of the United States................................................................................ 12 8 10 Seaiing and Endorsing Certificates ..................................................................................................................................... 12 Fj 9 Certificates of Votes for President and Vice President .................................................................................9 Twenty-sixth Amendment ............16 The 2008 Presidential ElectionlProvisions of the Constitution and United States Code 3 ............................................................................................... 11 3 4 Vacancies in Electoral College..................................................................................... 11 5 6 Credentials of Electors..................................................................................................................................... 15 MAILING INFORMATION................................................................................................ 6 CONSTITUTION OF THE UNITED STATES ........................................................................................................ 11 5 5 Determination of Controversy as to Appointment of Electors..................................................................... 5 11 Disposrtlon of Certificates.......... 11 § 2 Failure to Make Choice on Prescribed Day............................................................... Demand on District Judge for Certifite ....................................................................................................................................................................................................... Demand on State for Certificate............................................................. 12 13 Same..................................................................................................................................................................................... 14 5 20 Resignation or Refusal of Office....................................................................................................... Transmission to Archivist of the United States and to Congress...................................................................................................................................... Parliamentary Procedure at Joint Meeting.................................................2008 Presidential Election Summary of Key Dates........................................................... 12 fj 16 Same...................... 11 § 3 Number of Electors...................................................... 8 Twenty-fourthAmendment ............................................................................................................................................................. 9 Twenty-fifthAmendment ................................................................................................................................. 14 5 19 Vacancy in Offices of Both President and Vice President.............................. Officers Eligible to Act ..................................................... Events and Information ............................................................................................................................................................................................................ 11 5 7 Meetingand Vote of Electors.....

made available to the public.C. and TWO certified copies.2008 Transrnissim qf Certifiam of hcminment to NARA: The Certificates ofhcertainment list the names of the electors appointed and the number ofvotes cast for each person.2008 PRESIDENTIAL ELECIION Summary of Key Dates. The materials indude pamphlets on Federal election law and detailed instructions on how to prepare and submit the electors' credentials (Certificatesof Ascertainment) and the electoral votes (Certificates of Vote). The Archivist delegates operational duties to the Director of the Federal Register. NINE originals may be prepared.296 .2008 * In October. 3.is responsible for carrying out ministerial duties on behalf of the States and the Congress under 3 U. The remaining SIX original Wficates of Ascertainment wil1 be attached to the Certificates ofvote at the State meetings. November 4. Deteminatians by States' lawful tribunals are conclusive. Fortyeight of the fifty States and the District of Columbia are "winner-take all" (Maine and Nebraska are the exceptions).2008 Geplernl Ele'ction: * Thevoters in each State choose slates of electors to serve in the Electoral College. June through October 2008 Preparatio?~ Stage: * The Federal Register prepares letters and instructional materials for the -Archivist to send to the Gowmors of the 50 States and the Mayor of the District of Columbia. and 13. Alternatively.2008 and submi%d ta the Archivist 120 later than December I G. MD 20740-6001 The Governors must submit the Certificates of Ascertainment "as soon as practicable" after their States certify election results. At the very latest.if decided under laws enacted prior to election day. 2. as the head of the National Archives and Records Administration (NARA).S. 12. sections 6'11. December 9. Events and Information GennaE Authority: The Archivist of the United States. the Federal Register begins contacting Governors and Secretaries of State to establish contacts for the coming election. NAIL4 is primarily responsible for coordinating the various stages of the electoral process by helping the States prepare and submit certificates that establish the appointment of electors and validate the electoral votes of each State. Mid-November through December 15. they must be received by the electon on the statutory deadljt~e of December 15. seals and other matters of form. The 2008 Presidential ElectionlProvisions of the Constitution and United States Code 4 APX . which are authenticatecl by the Governor's signature and the State seal. One original along with two certified copies (or three originals. if nine were prepared) must be sent by registered mail to the Archivist at the address below: Allen MTeinstein Archivist of the United States National Archives and Records Administration y'o Office of the Federal Register (NF) 8601 Adelphi Road College Park. The &al Staffreviews the electoral certificates for the required signatures. * The States prepare no less than SEVEN originals. 1. Only the Congress and the Courts have the authorityto rule on substantivelegd issues. 2008. and preserved as part of our nation's history. The Federal Register Legal Staff ensures that electoral documents are transmitted to Congress. 4. as specified in Federal law. Date for Detemzi~zutionof Controversya to Appointmatt of Electon: States must make final determinations of any controversies or contests as to the appointment of electors at least six days before December 15 meetings of electors for their electoral votes to be presumptively valid when presented to Congress.

5 . January 6. If they do not concur. The electors record their votes on SIX "Certificates of Vote. If votes are lost or delayed. If a Senator and a House member jointly submit an objection. the two Houses acting concurrently may accept or reject them. the votes of the electors certified by the Governor of the Statewould be counted in Congress. The other pair is held by the Office of the Federal Register for public inspection for one year. They immediately distribute the paired certificates as follows: h pair of original certificates is sent to the President of the Senate (Richard B. in part.2006 Deadline for Receipt of Electoral lbtes at NARA: The President of the Senate and the Archivist should have the electoral votes in hand by December 24. 2008. No Constitutional provision or Federal law requires electors to vote in accordancewith the popular vote in their States. the Archivist transmits copies of the Certificates of Ascertainment to Congress. In the absence of a majority the I Iouse selects the President. On or Before January 3. Informal meeting may take place earlier. and the Senate selects the Vice President. seal and certify the electoral votes in packages containing a paired original Certificate of Ascertainment and original Certificate ofvote each.297 .2009 at Noon * Two pairs of cerlificates are sent by registered mail to the Secretary of State of each State. each House would retire to its chamber to consider it. This generally occurs in late December or early January when the Archivist and/or representatives kom the Federal Register meet with the Secretary of the Senate and the Clerk of the House This is.2009 Transmission of CertifZcates ofAscertainment to Congress: As the new Congress assembles. 6. The Honorable Richard 8. The President and Vice President must achiwe a majority of electoral votes (270) to be elected. December 24.2008 Meetings of Electors and Transmission of Cern'$cates of Vole lo NARA: * The electors meet in their State to select the President and Vice President of the United States. the Archivist may take extraordinarymeasures to retrieve duplicate originals. NARAs web site lists the States that have laws to bind electors to candidates.2009 * Two pain of original certificates are sent to the Archivist at the following address: Allen Weinstein Archivist of the United States National Archives and &cords Administration c/o Office of the Federal Register (N!?) 8601 Melphi Road College Pa& MD 20740-6001 The Archivist holds one pair subject to the order of the President of the United States Senate in case the electoral votes fail to reach the Senate." which are then paired with the SIXremainingoriginal Certificates of Ascertainment. 'The electors sign. It is held subject to the order of the President ofthe United States Senate or the Archivist of the United States in case the electoral vota fail to reach the Senate or the Archivist. The President of the Senate is the presiding officer. December 45. If a State submits confliaingelectoral votes to Congress. Cheney President of the United States Senate United States Senate Washington. Counting Elecroral Votes in Congress: * The Congress meets in joint session to count the electoral votes (Congress may pass a law to change the date). 7. The 2008 Presidential ElectionfProvisions of the Constitution and United States Code APX . who holds one pair subject to the order of the President of the United States Senate in case the electoral votes fait to reach the Senate Inauguration: The President-electtakes the Oath of Office and becomes the President of the United States. Cheney): One pair of original certificatesis sent to the Chief Judge of the Federal District Court located where the electors meet. a ceremonial occasion. January 20. DC 20510 8. 9.

3 Tennessee .34 Utah .9 Maine .12 Michigan .15 New Mexico .3 Virginia .15 Hawaii .6 Missouri .9 Alaska .10 Mississippi .10 Massachusetts .9 Connecticut .11 Montana .11 Texas .5 Wisconsin .5 New Hampshire .4 Illinois .5 Nevada . Majority Needed to Elect: 270 Alabama .7 Kansas .3 - - The 2008 Presidential ElectionfProvisions of the Constitution and United States Code 6 APX .17 Minnesota .3 Ohlo .3 District of Columbia 3 Florida .7 Pennsylvania .6 California .3 Arizona .55 Colorado .6 Kentucky .31 North Carolina .298 ________- .11 West Virginia .8 South Dakota .11 Iowa .Allocation of Electoral Votes based on the 2000 Census Total: 538.4 Maryland .21 Rhode Island .21 Indiana .5 Vermont .4 New Jersey .3 Nebraska .20 Oklahoma 7 Oregon .4 South Carolina .5 New York .10 Wyoming .8 Louisiana .10 Arkansas .7 Delaware .4 Idaho .15 North Dakota .27 Georgia .13 Washington .

thevotes shall be taken by states.. by ballot. the representation from each state having one vote. who. then from the persons having the highest numbers not exceeding three on the list of those voted for as President.. .299 % . having previously taken an oath. nor deny to any person within its jurisdiction the equal protection of the laws. nor shall any State deprive any person of life. shall not be an inhabitant of the same state with themselves. without due process of law.ARTICLE I1 SECTION 1. open all the certificates and the votes shall then be counted. which lists they shall sign and certify. or Person holding an Office ofTrust or Profit under the United States. the Senate shall choose the Vice-President. elector of President and Vice President . if such number be a majority of the whole number of Electors appointed. shall be appointed an Elector The Congress may determine the Time of chusing the Electors. equal to the whole Number of Senators and epresentativesto which the State may be entitled in the Congress but no Senator or Representative. and vote by ballot for President and Vice-President.. and if no person have SECTION 3. The President of the Senate shall. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President to the United States FOURTEENTH AMENDMENT SECTION 1. shall be the President. The Electors shall meet in their respective states. the President But in choosing the President. then from the two highest numbers on the list.. at least. if such number be a majority of the whole number of Electors appointed. directed to the President of the Senate. or as an officer of the United States. The 2008 Presidential Electionlprovisions of the Constitution and United States Code 7 -- --- APX . shall be the Vice-President. which Day shall be the same throughout the United States. and. a Number of lectors. shall * Asterisks represent additional text not printed here. to support the Constitution of the United States. and the Day on which they shall give their Votes. as a member of Congress. a quorum for this purpose shall consist of a member or members from two-thirds of the states. and subject to the jurisdiction thereof. be State shall appoint. and of all persons voted for asvicePresident. and a majority of the whole number shall be necessary to a choice. TWELFTH AMENDMENT such majority. and in distinct ballots the person voted for as Vice-President. and they shall make distinct lists of all persons voted for as President. liberty. the House of Representatives shall choose immediately. The person having the greatest number of votes as Vice-President. together ith the Vice President. are citizens ofthe United States and the State wherein they reside. chosen for the sameTerm. in the presence of the Senate and House of Representatives.-The person having the greatest number of votes for President. one of whom. and of the number of votes for each. in such Manner as the egisiature thereof may direct. and a majority of all the states shall be necessary to a choice. and if no peison have a majority. or property.. Ail persons born or naturalized in the United States.. The executive Power shall be vested in a President of the United States ofAmerica He shall hold his Office during the Term of four Years. and transmit sealed to the seat of the government of the United States. or as a member of any State legislature. a quo1um for the purpose shall consist of two-thilds of the whole number of Senators. No person shall be . No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. they shall name in their ballots the person voted for as President. or as an executive or judicial officer of any State.

then the Vice President elect shall act as President until a President shall have qualified. or acted as President. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. The right of citizens of the United States Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified. or previous condition of servitude. The Congress shall assemble at least once in every year. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and The 2008 Presidential Election/Pfovisions of the Constitution and United States Code 8 . and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them. If a President shall not have been chosen before the time fked for the beginning of his term. or if the President elect shall have failed to qualify. and such meeting shall begin at noon on the 3d day of January unless they shall by law appoint a different day. color.of the pars in which such tems would have ended if this article had not been ratified. SECTION 3.have engaged in insurrection or rebellion against the same. and the tems of their successors shall then begin. NINETEENTH AMENDMENT the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them. SECTION 2. SECTION 4. and no person who has held the office of President. declaring who shall then act as President. TWENTIETH AMENDMENT SECTION 1. and such person shall act accordingly until a President or Vice President shall have qualified. or given aid or comfort to the enemies thereof. and the TWENTY-THIRD AMENDMENT SECTION 1. No person shall be elected to the office of the President more than twice. for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But Congress may by a vote of two-thirds of each House. during the term within which this Article becomes operative from holding the office of Plesident or acting as President during the remainder of such term. and shall not prevent any person who may be holding the office of President. remove such disability. FIFTEENTH AMENDMENT SECTION 1. or the manner in which one who is to act shall be selected. TWENTY-SECOND AMENDMENT SECTION 1. the President elect shall have died. the Vice President d e d shall become President. The Congress may by law provide for to vote shall not be denied or abridged by the United States or by any State on account of race. at the time fixed for the beginning of the term of the President. The tems of the President and Vice President shall end at noon on the 20th day of Januaq and the terms of Senators and Representatives at noon on the 3d day of January. If. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress. or acting as President.

in case of the removal of the President from office or of his death or resignation. SECTION 2 . within twenty-one days after receipt of the latter written declaration. transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. the Vice President shall immediately assume the powers and duties of the office as Acting President. the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress. who are eighteen years of age or older. to vote shall not be denied or abridged by the United States or by any State on account of age. for the purposes of the election of President and Vice President. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide. Thereupon Congress shall decide the issue. The right of citizens of the United States to vote in any primary or other election for President or V~ce President. or for Senator or Representative in Congress. the Vice President shall become President. assembling within forty-eight hours for that purpose if not in session. when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists. they shall be in addition to those appointed by the States. SECTION 3. if Congress is not in session. to be electors appointed by a State. and they shall meet in the District and perform such duties as provided by the twelfth article of amendment. and until he transmits to them a written declaration to the contrary such powers and duties shall be discharged by thevice President as Acting President. but in no event more than the least populous State. The right of citizens of the United States. determines by twothirds vote of both Houses that the President is unable to discharge the powers and duties of his office. The 2008 Presidential ElectionlProvisions of the Constitution and United States Code 9 . the Vice President shall continue to discharge the same as Acting President. the President shall resume the powers and duties of his office. Whenever there is a vacancy in the office of the Vice President. shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax. for electors for President or \'ice President. within twenty-one days after Congress is required to assemble. TWENTY-FOURTH AMENDMENT SECTION 1. or. he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide. President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office. but they shall be considered.Representatives in Congress to which the District would be entitled if it were a State. TWENTY-SIXTH AMENDMENT SECTION 1. Whenever the President transmits to the Thereafter. TWENTY-FIFTH AMENDMENT SECTION 1. otherwise. transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. If the Congress. SECTION 4.

Counting electmid votes in Congress.The President Chapter 1 PresidePrtial Elections and Vacancies Section 1. oficen eligible to act. Resignation or refusal of of/it:e. Vucilncies in electoral college. 20. 15. Failure to make choice on prescribed day. Number of electon. 19. Saine. The 2008 Presidential ElectionlProvisionsof the Constitution and United States Code 10 . 2.The folloufing provisions of law gouerning Presidential Elections are contained in Ginpter 1 of Title 3. Same. Meeting and vote of electoi-s. 7. Same. . 18. 10. Qrtijicates of votes for President and Vice President. Vacancy in ofices of both President and Vice President. Time of appointing electors. 'i-tl 'ficate. Disposition of certijicates. Title 3 . 16. 672. limit of debate in each House. 17. Definitions. demand on State for certificate. 11. seals /or o@ms and Members of two I-louses in joint meeting. 4. 3. demand on district judge for c~ . parliamenta~y procedure at joint meering. Same. transmission to Archivist of the United States and to Congress public inspection. iMannerofvoting. Determination of controversy as to appoint~nent electors. For$eitl~re for mesenger's neglect of duty. United States Code (62 Stat. as amended). of 5. Sealing and endorsing certificates. 9. 6 . 8. Credentials o f electors. Failure of certificates of electors to reach President of the Senate or Archivist of the United States. 21.

Time of Appointing Electors 5 1. The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President. Failurz to Make Choice on Ptem.bed Day O 2. N7heneverany State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.

iLrurnberof Electors 5 3. The number of electors shall be equal to the number of Senators and Representativesto which the several States are by law entitled at the time when the President and Vice President to be chosen come into office; except, that where no apportionment of Representativeshas been made after any enumeration, at the time ofchoosingelectors, the number of electors shall be according to the then existing apportionment of Senators and Representatives.
Vacancies in Electoral College 5 4. Each State may, by law, provide for the filling of any vacanaes which may occur in its college of electors when such college meets to give its electoral vote. Detmmacion of Controversyas to Appointment of Electors 5 5. If any State shall have provided, by laws enacted prior to the day fixed forthe appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by judicial or other methods or procedures, and such determination shall have been made at least six days before the time fixed for the meeting ofthe electors, such determination made pursuant to such law so existing on said day, and made at least six days prior to said time of meeting of the electors, shall be conclusive, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated, so far as the ascertainment of the electors appointed by such Stateis concerned.

Credeneirllsof Electors; Transrnrssion to Archivist of B e United States and to Congress, Public Inspection (5 6. It shall be the duty of the executive of each State, as soon as practicable after the conclusion of the appointment of the electors in such State by the final ascertainment, under and in pursuance of the laws of such State providing for such ascertainment, to communicate by registered mail under the seal of the State to the Archivist of the United States a certificate of such ascertainment of the electors appointed, setting forth the names of such electors and the canvass or other ascertainment under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; and it shall also thereupon be the duty of the executive of each State to deliver to the electors of such State, on or before the day on which they are requiled by section 7 of this title to meet, six duplicate-originals of the same certificate under the seal of the State; and if there shall have been any final determination in a State in the manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors of such State, it shall be the duty of the executive of such State, as soon as practicable after such determination, to communicate under the seal of the State to the Archivist of the United States a certificate of such determination in form and manner as the same shall have been made; and the certificate or certificates so received by the Archivist of the United States shalI be preserved by him for one year and shall be a part of the public records of his office and shall be open to public inspection; and the Archivist of the United States at the first meeting of Congress thereafter shall transmit to the two Houses of Congress copies in full of each and evely such certificate so received at the National Archives and Records Administration. Meeting and Vo@ofElecton 5 7. The electors of President and Vice President of each State shall meet and give their votes on the first Monday after the second Wednesday in December next following their appointment at such place in each State as the legislature of such State shall direct.

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Manner of Voting 8. The electors shall vote for President and Vice President, respectively in the manner directed by the Constitution. Certificates o f Votesfor President and Vice President § 9. The electors shall make and sign six certificatesof all the votes given by them, each of which certificatesshall contain two distinct lists, one of the votes for Resident and the other of the votes for Vice President, and shall annexto each of the certificates one of the lists of the electors which shall have been furnished to them by direction of the executive of the State. Sealing and Endorsing Cmfiates 5 lo. The electors shall seal up the certificates so made by them,and certfi upon each that the lists of all the votes of such State given for President, and of all the votes given for Vice President, are contained therein. Dlspostaon of Certr,ficates 5 11. The electorsshall dispose of the certificates so made by them m d the lists attached thereto in the following manner. First. They shall forthwith forward by registered mail one of the same to the President of the Senate at the seat of government. Second. Two of the same shall be delivered to the secretary of state ofthe State, one of which shall be held subject to the order of the Resident of the Senate, the other to be preserved by him for one year and shall be a part of the public records ofhis office and shall be open to public inspection Third. On the day thereafter they shall forward by registered mail two of such certificates and lists to the Archivist of the United States at the seat of govemment, one of which shall be held subject to the order ofthe President of the Senate The other shall be preserved by the Archivist of the United States for one year and shall be a part of the public records of his office and shall be open to public inspection. Fourth. They shall forthwith cause the other of the certificates and lists to be delivered to the judge of the n which the electors shall have assembled. district i

Failure of Cerhfiates of Ekctors w Reach President of The Senate or Archivist ofThe United Sates; Demand on State for C@@$C~E 5 12.When no certificate of vote and list mentioned in sections 9 and 11 and of this title &om any State shall have been received by the President of the Senate or by the Archivist of the United States by the fourth Wednesday in December, after the meeting of the electors shall have been held, the President of the Senate or, if he be absent from the seat of govemment, the Archivist of the United States shall request, by the most expeditious method available, the secretary of state of the State to send up the certificate and list lodged with him by the electors of such State; and it shall be his duty upon receipt of such request immediately to transmit same by registered mail to the President of the Senate at the seat of govemment. Same; Denland on Dishct Judgefor Certificate 5 13. When no catificates of votes from any State shall have been received at the seat of government on the fourth Wednesday in December, after the meeting of the electors shall have been held, the President of the Senate or, if he be absent from the seat of government, the Archivist of the United States shall send a special messenger to the district judge in whose custody one certificate of votes &omthat State has been lodged, and such judge shall forthwith transmit that list by the hand of such messenger to the seat of govemment.
Farfeiturefm Mesengm'S Neglect o f Duty 5 14.Every person who, having been appointed, pursuant to section 13 of this title, to deliver the certificates of the votes of the electors to the President of the Senate, and having accepted such appointment, shall neglect to perform the services required from him, shall forfeit the sum of $1,000.

Counn'ng Electoral Votes in Congress 5 15. Congress shall be in session on the sixth day of lanuary succeedingevery meeting of the electors. The Senate and House of Representativesshall meet in the Hall of the House of Representativesat the hour of 1 o'clock in the afternoon on that day and the President of the Senate shali be their presiding officer. Two tellers shall

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be previously appointed on the part of the Senate and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates and papers purporting to be ceaificates ofthe electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginningwith the letter A; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted accordingto the rules in this subchapter provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, elected President and Vice President of the United States, and, together with a list of the votes, be entered on the Journalsof the two Houses. Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any Every objection shall be made in writing, and shall state dearly and concisely, and without argument, the ground thereof,and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision, and the Speaker of the Iiouse of Representativesshall, i n like manna, submit such objections to the House of Representatives for its decision, and no electoral vote or votes from any State which shall have been regularly given by electors whose appointment has been lawfully certified to according to section G of this title from which but one retum has been received shall be rejected, but the two Houses concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified. If more than one return or paper purporting to be a return from a State shall have been received by the Resident of the Senate, those votes, and those only, shall be counted which shall have been regularly given by the electors who are s h w n by the determination mentioned in section 5

of this title to have been appointed, if the determination in said section provided for shall have been made, or by such successors or substitutes, in case of a vacancy in the board of electors so ascertained, as have been appointed to fill such vacancy in the mode provided by the laws of the State; but in case there shall arise the question which of two or more of such State authorities determining what electors have been appointed, as mentioned in section 5 of this title, is the lawful tribunal of such State, the votes regularly given of those electors, and those only, of such State shall be counted whose title as electors the two Houses, acting separately, shall concurrently decide is supported by the decision of s~tch State so authorized by its law; and in such case of more than one return or paper purporting to be a retum from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be counted which the hvo Houses shall concurrently decide were m t by lawful electors appointed in accordance with the laws of the State, unless the two Houses, acting separately, shall concunently decide such votes not to be the lawful votes of the legally appointed electors ofsuch State But ifthe two Houses shall disagree in respect of the counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the executive of the State, under the seal thereof, shall be counted. When the two Houses have voted, they shall immediately again meet, and the presiding officer shall then announce the derision of the questions submitted. No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of.

Same; Seats for OfJicers and M e m b m of Twa Homes in Joint Meeting 5 16. At such joint meeting of the two Houses seats shall be provided as follows: For the President of the Senate, the Speaker's chair; for the Speaker, immediatelyupon his left; the Senators, in the body of the Hall upon the right of the presiding officec for the Representatives, in the body of the Hall not provided for the Senators; for the tellers, Secretaryof the Senate, and Clerk of the House of Representatives, at the Clerk's desk; for the other officers of the two Houses, in front of the Clerk's desk and upon

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each side of the Speaker's platform. Such joint meeting shall not be dissolved until the count of electoral votes shall be completed and the result declared; and no recess shall be taken unless a question shall have arisen in regard to counting any such votes, or otherwise under this subchapter, in which case it shall be competent far either House, acting separately, in the manner hereinbefore provided, to direct a recess of such House not beyond the next calendar day Sunday excepted, at the horn of 10 o'cloclc in the forenoon. But if the counting of the electoral votes and the declaration of the result shall not have been completed before the fifth calendar day next after such first meeting of the two Houses, no further or other recess shall be taken by either House. Same; Limit of &bate in Each House 5 17.When the tcvo Houses separate to decide upon an objection that may have been made to the counting of any electoral vote or votes horn any State, or othes question arising h~the matter, each Senator and Representativemay speak to such objection or question five minutes, and not more than once; but after such debate shall have lasted two hours it shall be the duty of the presiding officer of each House to put the main question without further debate Same; Parliamentary Proceduye at Joint Meeting 9 18.Whiletl~e two Houses shall be in meeting as provided in this chapter, the President of the Senate shall have pow= to preserve ordec and no debate shall be allowed and no question shall be put by the presiding officer except to either House on a motion to withdraw. r/ncancy in Ofices of Both President and Vrce President; Ofimrs Eligible ra Act 5 19. (a)( 1) If, by reason of death, resignation, removal froin office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representaiives s h d , upon his resignation as Speaker and as Representativein Congress, act as Resident.

(2) The same mie shall apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this subsection. (b) If, at the time when under subsection (a) of this section a Speaker is to begin the discharge of the powers and duties of the office of President, there is no Speaker, or the Speaker fails to qualify as Acting President, then the President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as President. (c) An individual acting as Resident under subsection (a) or subseaion (b) of this section shall contiriue to act until the expiration of the then current Presidential term, except that (1) ifhis discharge of the powers and duties of the office is founded in whole or in part on the failure of both the President-elect and the Vice-President-electto qualify, then he shall act only until a President or Vice President qualifies; and (2) if his discharge of the powers and duties of the office is founded in whole or in part on the inability of the President or Vice President, then he shall act only until the removal of the disability of one of such individuals. (d)(l) If, by reason of death, resignation, removal from office, inability or failure to qualify, there is no President pro tempore to act as President under subsection (b) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and dutieq of the office of Resident shall act as President: Secretary of State, Secretary of the Treasury, Seaetary of Defense, Attorney General, Seaetary of the Interior, Secretary of Agriculture, Seaeiary of Commerce, Secretary of labor, Seaetary of Health and Human Services, Secretary of Housing and Urban Development, Seaetary of Transportation, Seaetary of Energy, Seaetary of Education, Seaetary of Veterans M % s . (2) An individual acting as President under this subsection shall continue so to do until the expiration of the then current Presidential term, but not after a qualified and prior-entitled individual is able to act, except that the removal of the disability of an h~dividual

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higher on the list contained in paragraph (1) of this subsection or the ability to qualify on the part of an individual higher on such list shall not terminate his service. ( 3 )The taking of the oath of office by a n individual specified in the list in paragraph (1)of this subsection shall be held to coilstitute his resignation from the office by virtue of the holding of which he qualifies to act as President. (e) Subsections (a), (b), and (d) of this section shall apply only to such officers as are eligible to the office of President under the Constitution. Subsection (d) of this section shall apply only to officersappointed, by and with the advice and consent of the Senate, prior to the time of the death, resignation removal from office, inability or failure to qualif$ of the President pro tempore and on$ to officersnot under impeachment by the House of Representatives at the time the powers and duties of the office of President devolve upon them. ( f ) During the period at any individual acts as President under this sect on, his compensation shall be at the rate then provided by L a w in the case of the President.

r

Resignation or Refusal of Ofie
§ 20. The only evidence of a refusal to accept or of a resignation of the office of President or Vice President, shall be an instrument in writing, declaringthe same, and subscribed by the person refusing to accept or resigning, as the case may be, and delivered into the office of the

Secretary of State.

Definitions $21.As used in this chapter the term (a) "State" includes the District of Columbia. (b) "executives of each State" includes the Board of Commissioners* of the District of Columbia.

* The functionsof the Board of Commissionersof the Distria of Columbia are now performed by the Mayor of the heistrict of Columbia. (Keomization Plan No. 3 of 1967, Section 401,81
Stat 948 Pub L 3-198, Sections422 and 711,87 Stat 790,818 )

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MAIUNG INFORMATION

Certiscates of Ascertainment
As soon as practicable after certifying their general election results, each M e must send ONE original Certiicate of

i f seven originals were prepared) O R THREE original Certificates of Ascertainment, along with T W O certified copies (
Ascertainment (if nine originals were prepared) to:

Allen Weinstein Archivist of the United Stales National Archives and Records Administration c/o Office of the Federal Register (NF) 8601 Adelphi Road College Park, iMD 20740-6001
The remaining SIX original Certificates of Ascertainmentwill be attached to the Certificates of Vote at the State meetings.

Certi:icates of Vote
As soon as possible after their Electors vote, each State must pair SU: original Certificatesof Vote with the SIX remaining originai Certificates of Ascertainment, and send them to the designated Federal and State officials as follows:
One pair oforiginal certificatesis sent to the President of the Senate (Richard B. Cheney): The Honol-ableRichard B. Chenqi President of the United States Senate United States Senate Washington, DC 20510

Two pairs of original certificates are sent to the Archivist at the following address: Allen Weinstein Archivist of the Uniled Stales National Archives and Records Administration c/o Office of the Federal Register (NF) 8601 Adelphi Road College Park, MD 20740-6001
The Archivist holds one pair subject to the order of the Presidentof the United States Senate in case the qlectoral votes fail to reach the Senate. The other pair is held by the Office a f the Federal Register for public inspectionfor one year. Two pairs of certificates are sent by registered mail to the Secretary of State of each State, who holds one pair subject to the order of the President of the United States Senate in case the electoral votes fail to reach the Senate.

* One pair of original certificates is sent to the Chief Judge of the Federal District Court located where the electors meet. It is held subject to the order of the President of the United States Senate or the Archivist of the United States in case the electoral votes fail to reach the Senate or the Archivist.
CONTACTS For more information on the Electoral College and the election responsibilities of the States and the Archivist of the United States, contact the Office of the Federal Register: Phone: 202-741-6030 Email: Electoral.College@nara.gov

Your Electoral College contacts at the Office of the Federal Register are: Amy Bunk, Director of Legal Affairs and Policy Allyson Fenton Christou, Attorney-Advisor

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Why U.S. military in Uganda? Soros fingerprints all over it! Obama's billionaire friend has interests in African country's oil
Posted on October 15; 201 1 at 1 3 0 PM EST
By Aaron Klein
TEL AVIV - An influential -crisis management organization" that boasts billionaire George Soros as a member of its executive board rcccntly rccommcndcd thc U.S. deploy a special advisory military team to Uganda to help with operations and run an intelligence platform.
The president-emeritus of that orgmzation, the International Crisis Group, is the principal au&or of Responsibility to Protect. the military doctrine used by Obama to justify the US.-led NATO can~paign in Libya. Soros' own Open Society Institute is one of only three nongovernmental funders of the Global Centre for Rcsponsibil~ty to Protect, a doctnnc that has bccn citcd many hmcs by activists urging lntcrvcnt~on In Uganda. Authors and advisers of the Responsibility to Protect doctrine, including a center founded and led by Sainant1x-i Power, the National Security Council special adviser to Obama on human rights, also helped to found the hlternational Critliinal Court. Several of the doctrine's main founders also sit on boards with Soros. who is a major proponent of the doctrine. Soros himself maintains close ties to oil interests in Uganda. His orymkattlons have been the leading efforts purportedly to facilitate more transparency in Uganda's oil indnstry. which is being tightly controlled by the country -s leadership.
U.S. troops to Uganda

Obama on Friday notified I-Iouse Speaker John Boelmer, R-Ohio, that he plans to send about 100 military pcrsonncl, mostly Spccial Operations Forccs, to ccntral Africa. Thc first troops rcportcdly arrived in Uganda on Wednesday. The U.S. mission will be to advise forces seeking to kill or capture Joseph Konq, the leader of the rebel Lord's Resistance Amy, or LRA. Kony is accused of mnajor h u m rights atrocities. He is on the U.S. terrorist list and is wanted by the International Criminal Co~ut.
i n a letter on Friday, Obama announced the initial team of U.S. mil~tay personnel "with appropriate combat equipment': deployed to Uganda on Wednesday. Other forces deploying include "a second combat-equipped team and associated headquarters, communicationsand logstics personnel."

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"Our forccs \hiill providc information, advice and assistance to sclcct partncr nation forccs," hc said. Both consen~atives and liberals have raised questions about whether military involvement in Uganda advances

U.S. interests.
Writ~ng in The Atlant~c ycstcrday. Max Flshcr notcd thc Obama adm~nlstration last ycar approvcd spcclal forccs bases and operations across the Middle East, the Horn of Africa and Central Asia

"But tbose operations, large and small, target terrorist groups and rogue states that threaten the U.S. someth~ng the Lords Resistance Anny could not possibly do.'- he mote
'.It's difficult to find a U.S. interest at stake in the Lord's Resistance Army's campaign of violence,'' continued Fisher. "It's possiblc that there's some irnmcdiatc U.S. intcrcst at stakc wc can't obviously scc." Bill Roggio; the managing editor of The Long War Journal, referred to the Obama administration's stated rationale for scnding troops "p~~aling," claiming thc LRA docs not prcscnt a national sccurity Ihrcat to thc U . S. - "despite tvhat President Obama said.'' Tea Party-backed presidential candidate Michele Bachmann also questioned the w ~ s d o n of ~ Obama's move to send U S troops to Uganda. '"When it comes to sending our brave nlen and women into foreign nations we have to first demonstrate a vital Amcrican national intcrcst bcforc wc send our troops in;"shc said at a campaign stop ycstcrday in lows. Soros group: Send military advisors to Uganda

In April 2010 Soros' International Crisis Group, or ICG, released a rew& sent to the White House and key lawmakers advising thc U.S. military to rim spccial operations in Uganda to scck Kony's capti~rc.
Read the report: "To the U.S. gove~i:ment:Deploy a team to the theatre of operations to nit1 an iiltellige~~ce platform that ccntralizcs all operational information from thc Ugandan and other armics, as well as thc U N and civilian networks, and provides analysis to the Ugandans to better target military operatio~~s." Since 2008 the U.S. has been providing financial aid in the form of military equipment to Uganda and the other regional co~tntries to fight Kony-s LRA, but Obama's new deployment escalates the direct U.S. involvement. Soros sits in the 1CG's executive board along with Samuel Berger, Bill Clinton's former national security advisor; Gcorgc 1. Mitchell, formcr U.S. Scnatc Majority Lcadcr who scmcd as a Midcast envoy to both Obama and President Bush and Javier Solana; a socialist activist who is NATO's former Secretary-General as well as the former Foreign Affairs Minister of Spain.

Jimmy Ca~ter's national secnrity advisor, Zbigniem Brzezinski, is the TCG's senior advisor
The ICG's president-emeritus is Gareth Evans, who, together with activist Ramesh TIiakur, is the original founder of thc Responsibility to Protcct doctrkc, with thc duo cvcn coining thc tcrm "responsibility to protect." Both Evans and V~akur sen7eas advisory board members of the Global Center for the Responsibility to Protect.

tht:main group p ~ ~ h i t nh g e doctrine.

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As WND first exposed, Soros IS a primary fitnder and key proponent of the Global Ceatre for Responsibility to Protect.

Soros' Open Society is one of only three non-governmental funders of the Global Cab-e for the Responsibility to Protect. Government sponsors include Australia, Belgium Canada?the Netherlands, Norway, Rwanda and the U.K. Soros' hand in Ugandan oil industry Oil exploration began in Uganda's northwestern Lake Albert basin nearly a decade ago, with initial strikes being made in 2006. Uganda's Energy Mimstry estimates the country has over 2 b~llion barrels of oil, with some estimates going as high as 6 billion barrels. Production is set to begin in 2015. delayed &om 2013 in part because the country has not put in place a regulatorq. h i e w o r k for the oil industry. A 2008 National O i l and Gas Policy: proposed with aid h m a Soros-funded group, was supposed to be a general road niap for the handling and use of the oil. However, the polcy's recommendations have been largely ignored with critics acc~~sing Ugandan President Yoweri Museveni of cormption and of tightening his grip on the A-Crican country's emerging oil sector. Soros hinlself has been closely tied to oil and other interests in Uganda.

In 2008. tht: Soros-funded Revenue Watch Institute brought together stakeholders &om Uganda and other h t Africa11couiltries to discuss critical governance issues, including the formation of what became Uganda's National Oil and Gas Policy.
Also m 2008. the Mica Lnstrtute for Energy Governance, a grantee ofthe Sotos-fbnded Re~enue Watch, helped established the. Publish What You Pay Coalition of Uganda, or PWYP, vvhich was purportedly latmched to coordinate and streandme the efforts of thc government in promoting transparency and accountability in the oil sector. Also, a steering committee was formed for PWYP Uganda to develop an agenda for implementing the oil advocacy initiatives and a constitution to guide PWYP's oil w-ork. PWYP has since 2006 hosted a number of t m i n g workshops in Uganda purportedly to promote contract transparency in Uganda-s oil sector.

PWYP is directly funded by Soros' Open Society as well as the Soros-funded Revenue Watch Institute. P W P international is actually hosted by the Open Society Foundation in London.
The billionaire's Open Society Institute, meanwhile, runs numerous offices in Uganda. It maintains a coui~tq manager in Uganda, as well as thc Opcn SociLdyInitiative for East _Africa,which supports work in Kenya, Tanzania, and Uganda. The Open Society Institute runs a Ugandan Youth Action Fund, which states its mission is to "identify, inspire, arid support small groups of dedicated young people \~71iocan mobilize aid influence large nunibers of tlieir peers to proniote open society ideals." Samantha Power, Arafat deputy

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Meanwhilei a closer Look at the Soros-funded Global Center for the Responsibility to Protect is telling. Board members of the group include former U.N. Secretary-General Kofi Annan, former Ireland President Mary Robinson and South &can activist Desrnond Tutu. Robinson and Tutu b e recently made solidarity visits to thc Hamas-controlled G i z a Strip as mcmbcrs of a group callcd Thc Elders, which includes formcr Prcsidcnt Jirnmy Carter.

WND was first to revort the committee that devised the Responsibility to Protect doctrine included Arab League a staunch denier of the Secretary General Amre Moussa as well as Palestinian legislator Hanan Asl~rmvi; Holocaust who Iong served as the deputy of Iate PaIestinian Liberation Organization leader Yasser Arafat.
Also, the Carr Center for Human Rights Policy has a seat on the advisoiy board of the 2001 commission that originally founded Responsibilityto Protect. The commission is called the International Commission on lntcnicntion and Statc So~crcignty. It invcntcd thc tcrm "rcsponsibility to protcct" whilc dcfining its guidclincs. The Carr Center is a research center concerned with human rights located at the Kennedy School of Government at b a r d Uluvcrsity. Samantha Power. the National Security Council special adviser to Obama on hu~nal~ rights. w-as Cam-s founding executive director and headed the institute at the time it advised in the founding of Responsibility to Protect. With Po~vcr'sccntcr on thc advisory board, thc Intcrnationd Commission on Intcrvcntion and St& Sovcrcignty first defined the Responsibilityto Protect doctrine. Power reportedly heavily influenced Obama in consultations leading to the decision to bomb Libya Thc Libya bombings haw bccn widely rcgardcd as a tcst of a military doctrinc callcd "Rcsponsibilityto Protect."

In his address to the nation in April explaining the NATO campaign in Lib% Obama cited the doctrine as the main justification for U.S. a ~ iiitemational d airstrikes against Libya.
Responsibility to Protect, or Responsibility to Act. as cited by Obam, is a set of principles. no%v backed by the United Nations, based on the idea that sovereignty is not a privilege but a responsibility that can be revoked if a country is accused of ' k a r crimes," "genocide," "crimes against humanity" or "ethnic cleansing."

The term "war crimes" has at times been indiscriminately used bq ~mious United Nations-backzd intcmational bodies, including the Tnternational Criminal Court, or ICC, tvhich applied it to Israeli anti-terror operations i n the Gaza Strip. There has been fear the ICC could be used to prosecute U.S. troops who commit alleged "~var crimes" overseas.
Soros: Right to 'penetrate nation-states'

Soros i~imsctf outiincd thc fundarncntals of Rcsponsibility to Protcct in a 2004 Forcign Policy magazine articlc titled 'The People's Sovereignty: How- a New Twist on an Old Idea Can Protect the World's Most Vulnerable Populations."

In the article Soros said, 'True sovereignty belongs to the people, who in turn delegate it to their governments "

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ibEgovernmentsabuse the authority entrusted to them and citizens have no opportunity to correct such abuses, Soros wrote. "By spec&+ that sovereignty is based on the people, the outside interference is justifi* international commmlity can penetrate nation-states' borders to protect the rights of citizens.

' * I nparticular," he continued 'the principle of the people's so~ereignty can help solye two modern cl~allenges: the obstacles to delivering aid effectively to sovereign states; and the obstacles to global collective a c t i o ~ dealing with states experiencing internal conflict."
'One World Order'
Thc Global Ccntcr for the Responsibility to Protcct, mcan\vhilc: works in partucrship with thc World Fcdcrakst Movement. a group that promotes democratized global institutions with plenary constitutional power. The Movement is a main coordinator and member of Responsibility to Protect Center. WND reported that Responsibility doctrine founder Thakur recently advocated for a "global rebalancing" and ".international redistribution'' to create a "New World Order.r."
h~a piece last hlarch in the Ottawa Citizen newspaper, "Toward a new world order,-' Thakur wrote: "Westerners must change lifestyles and support international redistribution."

Hc was rcfcrring to a Unitcd Nations-brokcrcd international climatc trcah; in which hc argued, -‘Developing countries must reorient growth in cleaner and greener diredions.':

In the opinion piece, Thakur then discussed recent military engagements and how the financial crisis has irllpacted the U. S.
'The West's bullying approach to developing nations won't work mymore - global power IS shifting to Asia." hc u ~ o t c . " A much-needed global moral rebalancing is in train" he added.
Thakur continued: '"Westerners have lost their previous capacity to set standards and rules of behavior for the world. Unless they recognize this reality, there is little prospect of making significant prog-essin deadlocked international negotiations." Thahr contended '-the demonstration of the limits to U.S. and NATO power in Iraq and Afghanistan has left ~nany less fearful of 'superior' \Yestem power."

LRA: A Regional Strategy beyond Killing Kony
EXECUTIVE SUMMARY AND RECOMMENDATTONS Tile Lord's Resistance Arm!: ( . = )
has become a regonal problem that requires a regional solution. Operation Lightning

'lll~mder, launched in December 2008, is the Ugandan m y ' s latest attempt to crush militarily the one-time northern Ugandan

Page 5 of 9

rebel group. It has been a failure. After the initial attach small groups of LRA fighters dispersed in the Democratic Republic of Nat~onal Congo (Congo), South Sudan and the Ceiltral Atiican Republic (CAR), where they sm;lve by preying on ci~ilia~ls. securiity forces are too weak to protect their oxm people, while the LJgandan army, with U.S. suppoc is focused on hunting Joseph
Konq-, the group's leader. 'lhe Ugandans h v e eroded the L M ' s lltunbers and made its comn~unications more difficult. But L , M

fighlcrs, though disorganis~d, remain a ~cmbic danger 10 civilians in this mostly ung<ov~mcd lironticr /,one. National amics, (he

UN and civilians themselves need to pool intelligence and coordinate their efforts in new ways ifthey are to end the LRA once
and for all.
As the Juha peace process hegan L o Call apari. Presidenr Museveni oCTJganda work& hard L o cimvince Sociih Sudan and the

Coilgo to pamcipate 111 a joint i d t a q operation against the LRA. He had to overcome their mistrust of h s army, notorious for ~ t s past alnise of civilians and illegal resource e~draction on its neighbours' temtory. The U.S. lent its diplomatic weight to advance discnssiorts. Even though both Sou& Sudan and the Congo finally a p e d , Uganda underminedits chances of success by failing to coordinate with them, giving them little reason to conmit to the fight. In the event, bad weather and leaked intelligence caused Op~~tlio I.ighlning n ' ? % u ~ ~Ltr L Pdil T in its primary c~hjw~ivc; killing Ki)ny, and a lack of fi>m~ard planning allowd Lhc T,RA L o put on a bloody show of force against Congolese cixfians 'Ihe L M has since exylo~ted the inabhty of the Congo, South Sudan and the CAK to control their border areas. Small: fastmoving grt>upsof lighter% aallack unprotecld villagcs L o resupply wilh htxland clothes and sei./t. new xcruits k h r e heading and muulating are part of a strategy of tmor to dissuade s ~ w i ~ m from s cooperating with back to the cover of tlie forest. Kllli~~g the Ugandan aucl otha anrues, Even with the help of U.S. satsllite imagery and audio intercepts, the U g a n h army, the only force committed to the chase; has Iud great a ~ c u l t t yr a c m its targets. m%at was supposed to be a sudden, decisive strike has become a slow and very expensive campaign of attrition across time countries. It lms also yielded unacceptably high Iiumatl costs anlong tocd civilians. wilh virLu&lly no accounkihiliiy fiir L h c railuic lo prc?lccl.The $vcakncssorall ihrw slalc sccurilq liorccs and Lhc limited means of the UN missions in the Congo and South Sudan have left c i d a n s no choice but to fend for themselves, which in many instances they hxTedone \Yell. In March 2010, TJgandan intdligmw reported &at K m y was in the southe~n Darfur region of Sudan, hoping lo receive supprlrl froill his former benefactor, the Khartoum government. He appears now to have crossed back into the CAR: where the bulk of his foroes are, but with the fighters so scattered and mobile; it is difficult to pin down 1Gs exact whereabouts or the LLRA's present ntmlerical strength. However, as the Ugandan army slolvly kills and captures more of his Acholi officers, Kony's faithful core is
s h u h g . l'liis threatens the L k Y s cohesion, u h c h depends on the leadership controhg the rank aid file throu& violeilce and

Ikar. Tf~c audio in~crccp: capal~iliip Ihc 17.3 has givm ihcamy rnakcs a>mmunica~ir~n ilangcn>~s hy any mciins oLhw than' runner. Despite these organisational stresses, LRA fighters continue to cause appalling suffering even m sun;lval mode and .~vould likely coiltluue to do so even if Kony is cat~gllt or killed.

To remove this t\x~eniy-~edr-old cancer. a new straie$y is required ihal priorilises civilian pr~)leclion; unily ofei%rl ilmr>n&
iiulitaq- and c~xdian actors w i t h and aaoss national boundaries; and national ownership, The LRA's need for fresh rrecmits and them both a nloral imperative the ability of ci\;llians to provide the henost accurate dormation on its activities malies protectk~

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and a tactical ~xecessity Only by pooling intelhgence and coordinatq activities across the entire affected regon can ~ l Ugandan e

army; its ~iational partners, the UN and ci~ilians hope to rid themselves of the LRA. The Ugandan operation aud UF.I missions,
however, offer on1y tempmy s~tpport to JXA-aEected states. The latter need to put structures in place now to ensuse they can cope with wlmt is left of the orga~Gsatio~l and its fighters when foreign d t a r i e s leave. Morcovcr, cvcn complctc victory o v a tlic LRA would not guara~tcc sn end to utsccwity in ~ ~ o ~ tUganda. h c ~ n To do that. thc Kampala govenment must treat the root causes of trouble in that area £ramwhich the LRA sprang, namely northern perceptions of econonllc and political marginahation, and ensure the social rehabhation of the north.

To thc Ugandan and U.S. Cou-cmments: 1. Adopt a ncm stratcgy that prioritiscs civllian protection. R&CW thc opc~~ation CXFCI~ four ~nonths to assess civilian casualties
and increase civilian protection measures accordingly. 2. Set a clear goal and timeline for the operatio% such as the neutralisstion of the L L K A leadership within one year

To the G~vernments and Armies of Ugmda, the Citngt, the CAR and South Sudan, the U N Mission in Congo (MONUC)
and the UN Mission in Sudan (UNMIS): 3.L)eploy Inore soldiers and logistical support to LKA-affected areas to proride safe havens by \'1crmsjngjoint day and night ptrols in villages; on rrcqucnll\. uscd rouks and c s p i a l l y in iargw sclllcm~mLs.
4. Work with civilians to set up unarmed and voluntary communiw s e c x i r i t y committees in the Congo and increase the capacity of

n South Sudan and die CAX. self-defence youps i

6. hiIONUC' and UNMIS should deploy permanentjoint protection teams to monitor human rights abuses commi~td in LRA-

affected areas, and the Congolese government should urgently ent'orce disciphe \ v i b the regiments deployed in b u t - and BasIJ6l&,m c i ~ u r a ~ civilian c oversight slrwiures to mtmitor human righh ahuses by it? soldiers and punish and wilfibaw ofrcnders

from the field.

Regm-Ihzg unity of ejort among m~lditqv and civilim actors withirt md amss natiozal boan~?mres
To the U.S. Government:

Page 7 of 9

APX - 317

7. Deploy a team to the theatre of operations to run an imelligence platform that centralises all operational informaaon Bo~n the

Ugandan and other amies, as well as the UN and c i r r l h ~letwor-h, and protides analysis to the Ugmdarn to better talget militaq operations.

To MOR'UC and UNMS:
8. Create a regio~lal team with menibers in both the Congo and South Sudan Iledicatd to gathering, analysing and sharirlg

intbrmation on LRA acti~lties and advising on how best to protect ci\&m.

To the UD; Security Council:
9. Give the UN missiorl i n the CAR a d Chad (MWURCAT) a new marldate to remain in the CCAR, deploy to ihe south east and

join the MDNlTCAJNMIS regional team demcated to gathering, analysing and sharing information on LRrl activities and advising on how best to protect civilians.
10. Emurc that thc plaru~d arid gradual clrswdowr~ of M O N K lcavcs sufficient forces m thc LRA-affcutcdarcas in the Congo.

To the Ugandan A m y , MONUC, U N W and MINURCAT:

11. Woslc more closely x i t b the Congolese, South Sudan (SPL4) nnJ CAR armies through joint patrols and offensive operations,
in full compliance with the UN's conditionalitypolicy on support to national armies, and by sharing information so they gain a

full understan&ng of the operation and hprove their counter-insurpa~cy tactics.
T o the Gorernrnent~ o f the Congo, South Sudan (GoSS), and the CAR:
12. Instruct local authorities, police and the security forces to w o k with communities in the support of self-defence grou~ps; local

administrators sl~ould register all members, agree in u~itmg on their specific tasks, plan and monitor pro~tp activities carektlly. Regurditig the root causes o f the problern in northern LkanJa

To the Ugandan Gvemment: 13. Bnng closure tc the LRI\ confict and minimise the risk of a successor insurgency by- implementing the pm\lsions of the
a~recrncnts ncgotiatcd hut not finally signed in Juba tvhich rclatc to reconstructing the north, bringing the worst p ~ z t r a t s oto ~ justice and reconciling cixilians with former fighters
T o Donors:

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APX _ -__-_ - 318

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14. Finance a &sarmamenti demobhsation and reintegration (~DDR) program for LRA combatants and a regional comunication

campaign and support l~umnita~ian relief and long-term development programs implemented in an accountable and transpareut
manna in northern Uganda.

NnirobilBrusscLF, 28 April 2010

Page 9 of 9

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...........................................................................
Christopher-Earl: Strunk in esse,

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No.:
X

6500-2011

Plaintiff,

MEMORANDUM
IN SUPPORT OF

ORDER TO SHOW CAUSE NEW YORK STATE BOARD OF ELECTIONS et al., Defendants.

FOR A MANDAMUS STAY
AND INJUNCTION

This statement i s scanty as time is of the essence and I merely address;; the controlling law for the filing of the affidavit of Christopher Earl Strunk affirmed io on the 20tll day of October 201 1 with 12 exhibits, that is based upon the underlying Complaint filed llrIarch 22, 201 1 with jurisdiction of the CPLR 9403(d),S7802 in conjunction with New York State Election Law (EL) Article $16- 100,§6- 122 a s applies to EL Article 12 from before the start of the 2012 election cycle Presidential primary and general election.

Controlling law: United States Constitution Article 2 Section 1 Clause 5 that mandates:
"No Persor~. except a rza.kaE born. Citizen, or a Cifizen o f the United States, at the time of the Adoption ofthis Constitution, shall b e eligible to the OfSice of President; neither shall any Person be eligible to that Office who shall not have attained to the Age ofthi@$ue Years, and beenfourteen Years a Resident within the United States."

Minor. v. Happersett: 88 U.S. 162 (1875),21 W a l l . 162, and 22 L. Ed. 627. In particular from the decision is the following crucial passage from Justice Waite's opinion paying particular attention to the punchline:

Plaintie s Memorandum of Law in Support of OSC Page 1 of 6

APX - 320

"[T]he Constitution...provides that 'no person except a natural-born citizen, or a citizen ofthe United States at the time o f the adoption ofthe Constitution>shall be eligib1e to the ofice o f President'. ..The Constitution does not, in words, say zuho shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common-law, with the nomenclature o f which theflamers o f the Constitution were familiar, it was never doubted that all children born in a country ofparents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, us distinguishedfrom aliens orforeigners. Some authorities go f d h e r and include as citizens children born mWIthin the jurisdiction without reference to the citizenship o f their j88 U.S. 162, 1 681parents. As to this class there have been doubts, but never as to the first. For the purposes o f this case it is not necessary to solve these doubts. ft is sufficzent for everything we have now to consider that all children born o f citizen parents within the jurisdiction are thenlselves citizens. The words 'all children' are certainlg a s comprehensive, when used in this connection, as 'all persons, ' and females are included in the last they must be in the first. That they are included in the last is not denied. In fact the whole argument of the pZainH4fs proceeds upon that idea. (Emphasis added.)

ELN § 3-102. State board of elections; general powers and duties. In addition to the enforcement powers and any other powers and duties specified by law, the state board of elections s h a i have the power and duty to: 1. issue instructions and promulgate rules and regulations relating to the administration of the election process, election campaign practices and campaign financing practices consistent with the provisions of law; 3 . Conduct any investigation necessary to carry out the provisions of this chapter; 4. conduct private or public hearings; 5. administer oaths or affirmations, subpoena witnesses, compel their attendance, and require the production of any examine them under oath or books, records, documents or other evidence it may deem relevant or material; 14. take all appropriate steps to encourage the broadest possible voter participation in elections including the administration of a program of registration form distribution by participating state agencies a s prescribed by section 5-2 11 of this c h a ~ t e r : 16. administer the administrative complaint procedure a s provided for in section 3-105 of this article: 17. perform such other acts a s may be necessary to carry out the purposes of this chapter.
1 ,

EL 3 3-105. Administrative complaint procedure. 1. The state board of elections shall establish and maintain a uniform, nondiscriminatory administrative complaint procedure pursuant to which any person who believes that there is a violation (including a violation which has occurred or is occurring or is about to occur) of any provision of title three of the federal Help America Vote Act of 2002 (HAVA), may file a complaint. 2. Initially, any such complaint may be made orally, in person or by telephone, or in writing. Such complaints may be made to the state board of elections or with any local board of elections. A toll-free number shall be made available therefor for telephone

Plaintiffs Memorandum of Law in Support of OSC Page 2 of 6

APX

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AII formal complaints shall be filed with the state board of elections. A proceeding against a body or officer shall be commenced in any county within the judicial district where Plaintiffs Memorandum of Law in Support of OSC Page 3 of 6 APX . in accordance with subdivision four of section 3-100 of this article. or (3)who. CPLR s506. Any party to the hearing may purchase a transcript of such hearing. Unless otherwise prescribed in subdivision (b) or in the law authorizing the proceeding. A notice under section 3123 may be served at any time not later than three days before the petition is noticed to be heard and the statement denying or setting forth the reasons for failing to admit or deny shall be served not later than one day before the petition is noticed to be heard. unless the court orders otherwise on motion made without notice. Leave of court shall be required for disclosure except for a notice under section 3123. (a) Generally. with respect to judicial office. who will not meet such qualifications within thirty days of the commencement of the term of such office. Complaints raising similar questions of law and/or fact may be consolidated by the state board of elections. The state board of elections or a local board of elections shall assist any person with a disability who requests assistance to file a complaint. CPLR fj403 (d)Order to show cause. Jurisdiction. restrictions. supreme court. The supreme court is vested with jurisdiction to summarily determine any question of law or fact arising as to any subject set forth in this article. The court may grant a n order to show cause to be served. both of which shall be governed by article 31. AU formal complaints shall be written. sustains the formal complaint a s being uncontested. unless prior to the hearing. Where special proceeding commenced. (2) is ineligible to be elected to such office or position. county court. signed and sworn by the complainant. which s h a l l be construed liberally. The state board of Elections shall provide notice to all complainants of the provisions of this subdivision. 9. 3 . Disclosure. there shall be a hearing on the record. eligibility. 1. A person shall not be designated or nominated for a public office or party position who (1)is not a citizen of the state of New York. (b) Proceeding against body or officer. CPLR g408. This section shall not be applicable to proceedings in a surrogate's court. nor to proceedings relating to express trusts pursuant to article 77. Complaints shall be addressed by election officials expediently and informally whenever possible. 5. Designation or nomination.calls to the state board of elections. NYS 316-100. meet the constitutional or statutory qualifications thereof or. NYS EL 8 6-122. The complairiant shall use a complaint form promulgated by the state board of elections. a special proceeding may be commenced in any county within the judicial district where the proceeding is triable. Upon the written request of the complainant. in lieu of a notice of petition at a time and in a manner specified therein. the state board of elections.322 . if elected will not at the time of commencement of the term of such office or position. The evidentiary standard applied to all formal complaints shall be a preponderance of the evidence. 4. No provision of this section shall be construed to impair or Supersede the right of a n aggrieved party to seek a judicial remedy Including a judicial remedy concerning any final determination made Pursuant to subdivision eight of this section.

The expression "body or officer" includes every court. transcript or an answering affidavit. (a)Definition of "body or officer". commenced either by order to show cause or notice of petition. officer. the order to show cause or notice of petition must be served upon the attorney general by delivery of such order or notice to an assistant attorney general at a n office of the attorney general in the county in which venue of the proceeding is designated. record to be filed. The respondent shall also serve and submit with the answer &davits or other written proof showing such evidentiary facts as shall entitle him to a trial of any issue of fact. The court may direct that notice of the proceeding be given to any person. Where the proceeding is brought to restrain a body or officer &om proceeding without or in excess of jurisdiction in favor of another. or if there is no office of the attorney general within such couniy. if any. CPLR 57802. In the case of a proceeding pursuant to this article against members of bodies of governmental subdivisions whose terms have expired a s authorized by subdivision (b) of section 7802 of this chapter. It may allow other interested persons to intervene. Statements made in the answer. successors. or other person. default. the order to show cause or notice of petition must be served upon such governmental subdivision in accordaxce with section 3 11 of this chapter. board.the respondent made the determination complained of or refused to perform the duty specifically enjoined upon him by law. A proceeding under this article shall be brought in the supreme court in the county specified in subdivision (b) of section 506 except as that subdivision otherwise provides. The court may order t l ~ e body or officer to supply any defect or omission in the answer. shall be served on any adverse party at least twenty days before the time at which the petition is noticed to be heard. if any. Parties. An answer and supporting affidavits. There shall be a reply to a counterclaim denominated as such arid there shall be a reply to new matter in the answer or where the accuracy of proceedings annexed to the answer is disputed. shall be served at least one day before such time. whose action may be affected by a proceeding under this article (b) Persons whose terms of office have expired. in addition to the service thereof provided in this section. which must state pertinent and material facts showing the grounds of the respondent's action complained of. the latter shall be joined as a party. There shall be a verified petition. (b)Where proceeding brought. a proceeding under this article may be maintained against an officer exercising judicial or quasi-judicial functions. A proceeding under this article is a special proceeding. or where the principal office of the respondent is located. Whenever necessary to accomplish substantial justice. . at the office of the attorney general nearest such county. transcript or a n answering affidavit are not Plaintifr s Memorandum of Law in Support of OSC Page 4 of 6 APX . together with supporting &davits. which may be accompanied by &davits or other written proof. (d) Pleadings. shall be served at least five days before such time. Any party. corporation. a notice of petition together with the petition and affidavits specified in the notice. In the case of a proceeding pursuant to this article against a state body or officers. The body or officer shall file with the answer a certified transcript of the record of the proceedings under consideration. (e)Answering affidavits. or where the material events otherwise took place. Where there is an adverse party there shall be a verified answer. (a)Special proceeding. A reply.may join the successor of such officer or member of a body or other persoil having custody of the record of proceedings under review. or aggregation of persons. (c) Prohibition in favor of another. unless such a transcript has already been filed with the clerk of the court. or member of a body whose term of office has expired. or where the proceedings were brought or taken in the course of which the matter sought to be restrained originated. Procedure. (c) Time for service of notice of petition and answer. Unless the court grants a n order to show cause to be served in lieu of a notice of petition at a time and in a manner specified therein. The court may permit such other pleadings a s are authorized in an action upon such terms as it may specify.. CPLR 87804. tribunal.323 . or against members of a state body or officers whose terms have eAxpiredas authorized by subdivision (b) of section 7802 of this chapter. (d) Other interested persons.

Unless otherwise ordered. after completion of Plaintiffs H d a v i t a new posting was loaded by the attorney Leo D'Onofrio. The judgment may grant the petitioner the relief to which he i s entitled. or may dismiss the proceeding either on the merits or with leave to renew. the court shall first dispose of such other objections as could terminate the proceeding. 5 7806. or. the court in which the proceeding is commenced shall itself dispose of the issues in the proceeding. or the respondent may re-notice the matter for hearing upon service of the answer upon seven days' notice. and must be such as he might otherwise recover on the same set of facts in a separate action or proceeding suable in the supreme court against the same body or officer in its or his official capacity. the appellate division. Stay. except that the enforcement of an order or judgment granted by the appellate division in a proceeding under this article may be stayed only by order of the appellate division or the court of appeals. the court. statute of limitations and res judicata. report or decision rendered after the t r i a l shall be returned to. the court may either issue a j u d e e n t i n favor of the petitioner or order that an answer be submitted. Where the proceeding was transferred to the appellate division. the appellate division shall dispose of all issues in the proceeding. Judgment. may stay further proceedings. the court shall make an order directing that it be transferred for disposition to a term of the appellate division held within the judicial department embracing the county in which the proceeding was commenced. security and payment of costs. Where the substantial evidence issue specified in question fout of section 7803 is not raised. or the enforcement of a n y determination under review. including but not limited to lack of jurisdiction. if the papers are insufficient: it may remit the proceeding. (h)Trial. the court shall permit the respondent to answer. the judgment may annul or confirm the determination in whole or in part. whether by appeal or transfer. On the motion of any party or on its own initiative. The petitioner may raise an objection in point of Iaw to new matter contained in the answer by setting it forth in his reply or by moving to strike such matter on the day the petition is noticed or re-noticed to be heard. transfer to appellate division. If a triable issue of fact is raised in a proceeding under this article. upon such terms as may be just. The respondent may raise an objection in point of law by setting it forth in his answer or by a motion to dismiss the petition. without reaching the substantial evidence issue. If the motion is denied. When the proceeding comes before it. the issue of fact shall be tried by a referee or by a justice o f the supreme court and the verdict. If the determination of the other objections does not terminate the proceeding. such answer shall be served and filed within five days after service of the order with notice of entry. upon terms including notice. and unless the order specifies otherwise. made upon notice within the time allowed for answer. or modify it. and the order thereon made by. security given on a stay i s effective in favor of a person subsequently joined a s a party under section 7802. Where such an issue is raised.conclusive upon the petitioner. Should the body or officer fail either to file and serve an answer or to move to dismiss. and the petitioner may re-notice the matter for hearing upon two days' notice. CPLR 3 7805. and may direct or prohibit specified action by the respondent.324 . Esq. in the matter that supports Plaintiffs allegation that in 2006 there was Plaintiff's Memorandum of Law in Support of OSC Page 5 of 6 APX . (4 Objections in point of law. Any restitution or damages granted to the petitioner must be incidental to the primary relief sought by the petitioner. it shall be tried forthwith. (g) Hearing and determination. If the proceeding was brought to review a determination.

New York 1 1238. < a concerted e f f o r t to obscure the law to *ow Bstrack Hussein Obama 11 to usurp the office of POTUS t h a t states: New evidence conclusivety establishes that 25 US-Supreme Court opinions h e run up to the '08 were sabotaged then republished at Justia. Happersett* as they appeared on Justiacom between 2006 and the present. and PlaintB is deserving of relief requested and further investigation in depth is warranted: Dated: Brooktp.third sabotaged case was discovered which led to a thorough examination of all U S Supreme Court cases which cite "Minor v. Happersett.20 11 Christopher-Earl: Strunk.. a .ws PlaintiE s Memorandum of Law in Support of OSC Page 6 of 6 APX -- . At this point.personnel may also be guilty of violating 18 U. But last week. Since Justia placed affirmations on each tampered opinion which state "Full Text ofGaseP. M y prior report dmumentedthe scrubbing of j u s t two cases. Hew York October 20. That the sabotage of the onLine citations for the SCOTUS underlines the scope of the conspiracy at work and makes the finding that P h t i f f and Kevin Richard Powell in our research contend about the involvement of the NYS BOE to facilitate the usurpation of the office of the POTUS as Mr. Powefi i nhis summary at page 11 of his Affidavit shown as Exhibit 4 states. Brooklyn.com during t election. 1018 by intentionally passing off tampered versions of US Supreme Court opinions as if they were 0 1 versions published by the US Supreme Court. Since neither Obama nor McCain meet the Supreme Court's definition of a "naturalborn citizennin Minor v. Plaintiff self-represent without being an attorney 593 Vanderbilt Avenue #281.325 - - - --- . i nesse.S. the deception might have been undertaken on behaif ~f either one. f845) 901-6767 E-maik chri%@stru&. we do not know who committed these acts of sabotage.C.

New York 11238. (845) 901-6767 E-mail: cbris@strunk.2011 IWS BOE denied access to records Ex 10 .20 11. Plaintiff. 6500-201 1 NEW YORK STATE BOARD OF ELECTIONS et al. Happernett as Standing Precedent on Citizenship Ex 7 October 14.ws .State's Counsel email to Plaintiff regarding Stipulation Ex 8 .NYT Article on State of New Hampshire Presidential Primary Ex 4 Kevin Richard Powell Affidavit with sub-exh&its A thru E Ex 5 October 12'20 11. New Yotk 593 Vanderbilt Avenue #28 1.2011! W S BOE Denial of records Ex 11 2008 Election Pamphlet Ex 12 WNI) Article about Soros considerable investment i n Uganda oil - - Memorandum in support of Order to Show Cause for a Mandamus Stay and Injunction Dated: Brooklyn.2011on t h e Post & EmaiZ Article by C'mg M m n e y Ex 9 -October 7..Plaintiff email to State's Counsel Ex 6 .October 17.SUPREME COURT OF THE STATE OF HEW YORK Index No.Minor v. Order to Sbow Cause for a Mandamus Stay and Injunction Affidavit in support of Order to Show Cause for a Mandamus Stay and Injunction Ex 1 -Stipulation of Extension between Plaintiff and State Defendants Ex 2 Pre-Discovery Conference Notice Ex 3 .October 13. Brooklj~~. Defendants.: Christopher-Ear1: Strunk i n esse.

. DOUGLAS A. PRITZKER. S. FREDERICK A. O'HARE.. RUTH NOEMI COLON.. 4 ..... Co-Chair. a/k/a Barack Hussein Obama 11.. JR. PENNY S.J.. 6500/2011 NEW YORK STATE BOARD OF ELECTIONS. : : JOHN A.. MCCAIN-PALIN VICTORY 2008. PETERSEN. AQUILA.... EVELYN J.. THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY. DEPUTY DIRECTOR TODD D.. S. VALENTINE. STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE. PARKES... KELLNER. JOSEPH A.. .. Co-Chair.. . New York August 22. Plaintiff.. DEPUTY DIRECTOR STANLEY ZALEN. MARK BRZEZINSKI. NANCY PELOSI...326 .. ANDREW CUOMO.. J R . GREGORY P. JOHN SIDNEY MCCAIN 111. FR. 2011 ' APX . a/k/a Steve Dunham). and XYZ ENTITIES. PETERSON. JOHN AND JANE DOES. SCHWARZ... Commission. THE NEW YORK STATE REPUBLICAN STATE COMMITTEE. FR. IAN J. BIDEN... JAMES A. Commissioner.. JOSEPH R.. OBAMA FOR AMERICA: OBAMA VICTORY FUND. BOEHNER..SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS: CIVIL TERM: PART 27 CHRISTOPHER-EARL STRUNK. GEORGE SOROS. THE SOCIALIST WORKERS PARTY. - against - : Index No... BRZEZINSKI. WALSH. in their official and individual capacities. ROGER CALERO.: STATE COMMITTEE OF THE CONSERVATIVE'PARTY OF NEW YORK STATE.. DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK. ERIC SCHNEIDERMAN.. JOSEPH P. THOMAS P. 360 Adams Street Brooklyn... PETER G.J... SOEBARKAH (a/k/a Barry Soetoro... ZBIGNIEW KAIMIERZ BRZEZINSKI. MCCAIN VICTORY 2008.. DINAPOLI.. MOTION Defendants.O.

ESQ. Peterson BY: SARAH DUNN. New York 10105 _________________-_----------------------SANDRA WILKES. 1345 Avenue of the Americas New York. Joseph A. Fr.P. Joseph P. J. LLP Attorneys for Zbigniew Brzezinski.S. LLP Attorneys for Peter G. Senior Court Reporter APX . WOODS. ESQ.327 . A P P E A R A N C E S : CHRISTOPHER-EARL STRUNK Plaintiff Pro Se 593 Vanderbilt Avenue. R. SCHACK.B E F O R E : HONORABLE ARTHUR M. ESQ.O. 100 Church Street New York. Mark Brzezinski and Ian Brzezinski BY: MARSHALL BEIL. Parkes BY: CHLARENS ORSLAND. 120 Broadway New York. New York 10271 NEW YORK CITY LAW DEPARTMENT Assistant Corporation Counsel Attorneys for Defendants A. 425 Lexington Avenue New York. ESQ. #281 Brooklyn. New York 10017 McGUIRE. Schwarz. O'Hare and Fr.C.R. New York 10007 SIMPSON. THACHER & BSTLETT. New York 11238 STATE OF NEW YORK Office of the Attorney General Assistant Attorney General Special Litigation Counsel Attorney for Defendants All New York State Government Defendant BY: JOEL GRABER.

111 BY: RITA C. OLLER. GARRY. 787 Seventh Avenue New York. New York 11553 RABINOWITZ. KRINSKY & LIEBERMAN. New York 10019 APX . LLP Attorneys for George Soros BY: JOHN R. 45 Broadway.C . Uniondale. Boehner BY: THOMAS W. PHILLIPS. Obama for America. V i c e president Joseph Biden. ESQ. REIN. 1776. DC 20006 WILLKIE. Attorneys for the Socialist Workers Party and Roger CaLero BY: DANIEL S. Nancy Pelosi and Penny Pritzker BY: THOMAS J. STANDARD. 333 Earle Ovington Boulevard. TOBIN. 375 Park Avenue New York. Obama Victory Fund. ESQ. REICH. New York 10152 WILEY. PLLC Attorneys for President Barack Obama. KIRBY. BOUDIN. ESQ.(Appearances cont ' d ) : HARRIS BEACH. ESQ. ESQ. P . K Street NW Washington. FARR & GALLAGHER. BY: TODD E. Suite 1700 New York. ESQ.328 . LLP Attorneys for John A. New York 10006 CAPLIN & DRYSDALE Attorneys for John McCain.

Anybody here for the State Board of Elections? MR. your Honor. I believe I have ten motions I I Whoever appears. believe me. one person-one vote. All right.. GRABER: attorney general. STRUNK: Strunk. sort out whose who. GRABER: SW Yes. I'm self-represented.PROCEEDINGS THE COURT: before me. I live in Brooklyn and I I the case is a matter of standing based upon my vote as a one person. APX . and that I believe that the case -You'll be I I THE COURT: We just want to know who you are. My name is Christopher-Earl MR.329 . We'll get to your offering. Joel Graber. am I correct? MR. of Elections I see there are names in an individual capacity. now you can run through the list. Give your appearance. I'm an assistant I represent the governor and all the other state defendants. given a full opportunity to be heard. MR. STRUNK: THE COURT: I ' m self-represented. STRUNK: THE COURT: I I Thank you. MR. THE COURT: Help m e out. I'm not going to deny you that. You represent the Besides the Board I members of the Board of Elections.

GRABER: Yes. we don't focus on personality. Mr. Valentine and Mr. on the personality. And I take it they must be the deputy directors of the State Board. You want to SW THE COURT: -- if I can ask you . and Gregory Peterson? MR.Kellner. I'm trying to remember. Personality? It was a number one. correct? MR. GRABER: defendants. THE COURT: You represent Governor Cuomo. Attorney General DiNapoli? I don't know who Ruth Noem Colon is. GRABER: Those are always distinct Your name again? Joel Graber. Zalen. We -Oh. THE COURT: MR. MR. your Honor. Although the individuals I I have changed. GRABER: We don't. GRABER: She's a former Secretary of State. MR. GmBER: THE COURT: Yes. What wa THE COURT: that song back in 1958. THE COURT: now? Who is the Secretary of State It keeps changing. we represent the offices. Evelyn Aquila. We'll focus on personality. MR.

THE COURT: please? MR. I'm Chlarens Orsland. ORSLAND: 0-R-S-L-A-N-D. How come I didn't MR. I don't t h i n k t h e campaign can a s k t o match i f a n y t h i n g i s . For Mr. ORSLAND: THE COURT: Can you spell that again for me.331 . MR.PROCEEDINGS 6 question then I notice you have.okay. MR. that's Father OIHare. and I believe this is because there was a Campaign Finance Board.O. ORSLAND: THE COURT: get any money? No. ORSLAND: Also A. Schwarz. It was also Father Parkes at the campaign. MR.tthere I also know I am -. Peterson. First name? C-H-L-A-R-E-N-S. wrong. DUNN: -- I'm here for Mr. that day. THE COURT: He was a Corp Counsel. ORSLAND: THE COURT: You're from Corp Counsel? I'll just say Campaign Fiance Board. THE COURT: I wasn1. they do judicial. Peterson but his SW W APX . MR. ORSLAND: Leave me out. I understand. who MS. 0-R-S-L-A-N-D.

Sarah Dunn. Okay. Zbigniew Brzezinski and And who did I leave out? Ian. a motion to You served it on Mr. Yes. DUNN: THE COURT: Court? MS. And that's on behalf of Peter Peterson? MS. BEIL: THE COURT: Mark Brzezinski. Strunk? We did. DUNN: THE COURT:\ I thought that one was thought I advanced everything.I We just filed it on Wednesday.PROCEEDINGS 7 petition is not returnable today. Yes. DUNN: THE COURT: MS. father and two sons. -. What was that. DUNN: THE COURT: caption. THE COURT: D-U-N-N? Yes. DUNN: THE COURT: here today. BEIL: APX . So let me continue with my Zbigniew Brzezinski? MR. SW MR. I thought maybe I had everything I thought I did.332 . MS. DUNN: THE COURT: dismiss? MS. You haven't served it on the We filed it on Wednesday. MS. Yes.

THE COURT: You represent. Garry. Then we have -- who's here for I am.333 . as well as the Obama Victory Fund. And you're for the Brzezinski MR. MR. THE COURT: MR. BEIL: THE COURT: MR. four defendants. from McGuire Woods. your Honor. Who are you? My name is Marshall. BEIL: THE COURT: Yes. he'was a national security adviser for President Carter. I know you. sir? B-E-I-L. GARRY: I represent the Obama for America. You're also for the President? Yes. And last name. the vice president Who else? I I I Biden. GARRY: THE COURT: Mr. MR. GARRY: Yes. THE COURT: SW I Okay. McGuire Woods? Yes. BEIL: THE COURT: defendants? MR. BEIL: THE COURT: the vice president? MR. Beil. GARRY: Thomas Garry from the law firm of Harris Beach on one motion. you represent President Obama. BEIL: THE COURT: MR. MR.PROCEEDINGS THE COURT: Zbigniew Brzezinski. APX .

And Pritzker. GARRY: I do not. GARRY: THE COURT: Okay. REICH: THE COURT: MR. THE COURT: Rabinowitz -- MR. On behalf of the Socialist Workers - Party and Roger Calero? MR. REICH: B-0-U-D-I-N. You represent the State Democratic Committee or not? MR. I want to continue. As well as Penny Pritzker. GARRY: My understanding is they have no appeared.1 PROCEEDINGS MR. Who represents the State THE COURT: Democratic Committee? MR. Standard. That's for Socialist Workers Party and Roger Calero. Krinsky and Lieberman. Who else? Standard. Krinsky and Lieberman. THE COURT: MR. Boudin.334 . GARRY: That's on one motion. R-E-I-C-HI from Rabinowitz. THE COURT: Who's here for the Working Families Party. okay. THE COURT: v And that's for the Socialist SW APX . I also 9 represent Nancy Pelosi. REICH: Daniel Reich. anybody? Okay.

he would also be representing THE COURT: somewhere? MS. TOBIN: your Honor.PROCEEDINGS 10 Workers Party and Roger Calero? MR. TOBIN: Drysdale. yOul/ That's in here to admit your colleague for Pro Hav Vice or what is that. You should have them somewhere. And on behalf of Senator MS. Wehner. Okay. THE COURT: I have a motion to dismiss. representing John Rita Tobin from Caplin and Yes. Tobin and Mr. McCain Victory 2008 and McCain-Palin Victory 2008. -Do I have papers on that name is on there Ms.335 % --- -- . a separate motion? APX . THE COURT: C for Caplin? That's a C. REICH: THE COURT: McCain? MS.C. James Wehner of our D. TOBIN: office. We also have a motion on the calendar for the Pro Hav Vice Admission of my colleague Todd Phillips. THE COURT: Yes. And as soon as he is admitted Pro Hav Vice. MS. TOBIN: McCain.

335-A . Okay. and Mr. It's also required that they familiarize themselves with the rules of the Court and with the structure of law of the State of New York. Tobin and Mr. I see Mr. And I see he has a Certificate in Good Standing from the State of California bar and the D. Phillips is a member of the bar of California and of the District of Columbia. Phillips is a individual who's a skilled attorney and a person of integrity. Phillips for -MR. Phillips. Wehner's name on it. Is there any objection to admitting Mr. STRUNK: I object on the basis that it's part of the subject of the cross motion transfer in that it becomes a recognized operation before this Court. Phillips. THE COURT: related case? SW What are you talking about? What APX . bar. I have a motion to admit Mr. Wehner said Mr. let me see if I have ithere. n ! And it's r contention that both Ms. I have Mr.PROCEEDINGS 11 All right.C. Wehner were both involved in what I characterize a: a misstatement in the request for judicial incerventior in that they did not recognize a related cqse that had been listed and swore to that matter. I don't doubt that. And Mr. Let's see.

THE COURT: What does that have to do with his permission for Pro Hav Vice? Let's assume everything you tell me is correct. THE COURT: MR. I don't know if -. I believe he dismissed that.336 - . THE COURT: That's all I -If that's all. SW W APX . MR. STRUNK: But Certainly a sworn statement in the RGI where it's clearly stated that there is a related case. STRUNK: THE COURT: it again. MR. but I had a different impression. STRUNK: There is an open case before Judge Schmidt. It is an active case. to overrule. What does that have to do with him being He's a member of admitted for this particular matter? the bar in good standing of the District of Columbia and the State of California.1'11 look at I had a conversation about an hour ago with Judge Schmidt.PROCEEDINGS MR. I'll look at it again. STRUNK: My only objection is that this motion was standard after the RGI was filed and that he should have familiarized himself with the rules of your Honor and the Court. the lawyers of the I'm going State of New York would never read my rules.

what's presented to me shows Mr. are. he is going to sit next to Ms. not? MR KIRBY: Thomas W. STRUNK: THE COURT: Okay. Congratulations.11 of the Rules of the Court of Appeal and 22 NYCRR section 690.PROCEEDINGS 13 MR.you representing Mr. For all I know. Boehner or . your Honor. Let me go back to see who's who. and therefore for purposes of this particular case and pursuant to Section 520. He's admitted.3. THE COURT: You get a break. Kirby. Okay. Wiley Rein. THE COURT: Anybody here for the New York State Republican State Committee? Anybody here for the New York State ~omrnitteel of the Independence Party? SW W APX . Phillips is a member of the bar in good standing of two other jurisdictions within the United States of America. THE COURT: MR. what is -. What's your name? Thomas W. KIRBY: representing Speaker Boehner. I'm going to admit him for Pro Hav Vice. PHILLIPS: Thank you.337 . You don't have to pay the # 3 5 0 bi-annual registration. It presented. Tobin and not say anything. MR.'Kirby of Wiley Rein.

not as much as when we had the commission. with MR. Willkie. OLLER: THE COURT: lawyers for the National League forever. OLLER: We do a little bit. McCain-Palin representatives. Strunk befor us today. Anything else I didn't get? covered everything. McCain. Farr and Gallagher? Yes. 0-L-L-E-R. OLLER: Willkie. Now. which is counsel. Mr. Okay. Obama for America we The Obama Victory Fund.PROCEEDINGS 14 Anybody here for the New York State Comrnitte of the Conservative Party? Okay. as well as Mr. THE COURT: know. help me out. one time you were the THE COURT: MR. You guys. Farr Gallagher. Strunk. we have McCain Victory Fund 2008. Pritzker represented -& anyone here for George Soros? John Oller. You know what Ron -- I want to -- You have the index number on that Judge Schmidt case? . So we have I think I've -- so we have nine opposing counsel. I*know we have Ms. MR.

it appears that you.PROCEEDINGS 15 MR. sw APX . Judge Schmidt declined to. I don't want to go through that But anyway. about President Obama's mother in the early 60s. STRUNK: THE COURT: Among other things. among other things? MR. STRUNK: 29642 dash 08. In November of 2008 you had an Order to Show Cause that you filed with the Court to estop the I Electoral College in New York State from meeting. THE COURT: I want -.I j u s t want to work my way through this. I want to go to my computer in my chambers and look at the County Clerk's files on that so I could see where we are on that case. it appears that index number 29642. am I correct. I'll be right back. among other things. and all kinds of other things you wanted about travel records in the State Department. proceedings and the matter subsequently resumed. Mr. and it goes on and on and on. right now. (At this time. basically summarized. Then there were various orders I I I I I I issued and it appears that the judge in 2 0 0 8 -.) THE COURT: Okay. Here's what I'm going to do. there was a case in which it appears you had tried to enjoin the Electoral College from meeting.339 .I need about one or two minutes. there was a break in the . Strunk.

et cetera. and the Statute of Limitations to do so expired in II I I -- can't quite read a I -sw APX . also notices of entry by the office of the Attorney General.340 I . it says "All motions. all motions are denied. just say they're individuals in the United States and he declined to sign that one.PROCEEDINGS based on the decision of the second circuit. state and city agencies doing certain things with various individuals who -. protective order et cetera about various federal. and it appears that on January 11th of this year in that case you had a motion for leave being heard by Judge Schmidt. Then you came back on the same action in this year. on March 17th -- I'm going to try to read Judge Schmidt's handwriting. State of New York office. . and I have copies of the orders with notice of entry served by you. by the attorney general. Robert Dornan. Strunk failed to join as a necessary party President Obama and Senator McCain. Then in March of this year. Then you came back a year later with an Order to Show Cause in . Mr. and the Attorney General I I opposed and he ordered that the motion was denied in its entirety. Orley Taitz.Pastor Manning. a number of people. I'm not going to characterize them in anyway whatsoever.November of 2009 where you wanted a temporary restraining order.

but it appears there's no purpose to allow the plaintiff to provide proof of service nunc pro tunc or to amend the complaint. It's expired.PROCEEDINGS 17 I word or two that he has. then the companion complaint would be determined by the law of the case that was decided by him in regards to APX . It appears to me basically this is a dead I don't know how else to describe it with This case basically has. is not . the motion-for. So why should I consolidate this action with an action that is basically disposed of? MR.341 . the Order to Show Cause was for a mandamus. Tell me why -- I mean Judge Schmidt is the judge in the Special Election Part. but I'm trying to. I mean certainly the Electoral respect to 29642. College met in 2008. STRUNK: Your Honor. I don't have a great handwriting either. And not only New York State. Mr. and congress did what they had to do in counting it under the Constitution. around. a Article 78 under 29641. And depending upon the outcome of that. is. but in the District of Columbia and forty-nine other states. case. Obama is now the President of the United States whether you like it or not. So it is what it so that's the situation that we have with respect to t h a t .

MR.I think electors get expenses.PROCEEDINGS state officers receiving two. state senator and they're chosen as an elector for that particular case. that's expense money. if I'm correct. I don't think they get paid. if someone resides let's say in this county. In other words THE COURT: -- I I I You said -- I don't -. STRUNK: They get paid per diem. I think the third Wednesday in December after the election I believe is when the Electoral College meets. and they go to Albany.. which is different. every state capital in the country every four years. STRUNK: It was not expense. THE COURT: All right. STRUNK: In any case -Let's assume for argument sake THE COURT: someone is a New York City councilman. Brooklyn. So you're saying that that person -- I mean that's why you had Governor Paterson in there or SW LJ I I .in Kings County. That's not compensation. so be that as it may. in that they meet. Mew York City. officers being paid twice. let's -- II 1i I 1 MR. It was payment for the day. THE COURT: That's expense money. In other I words. MR. So if I 1 I / somebody drives their car to Albany and gets fifty cents a mile and tolls and lunch.

for argument sake. They were holding two jobs at The law of the case. MR. SW " L '. I'm sorry. McCain had one and Mr. THE COURT: In the same respect. Now. obviously Mr. Cuomo when he was attorney general because they were electors. APX . S k e l o s . I couldn't make a proper complaint because you have so many state officers also as electors which I figured was a unusual situation where there was a conflict of interest. MR.PROCEEDINGS 19 Mr. STRUNK: Mr. you went to California. and that was that -But he denied all these motions. say. this was determined according to the decision by Judge Schmidt. let me hear you out.343 . STRUNK: the same time. Go ahead. STRUNK: I didn't study California. I only studied New York. -MR. THE COURT: All right. Let me hear what you have to If 29641 had been decided in -- in other words. STRUNK: I apologize. these was THE COURT: --~-mean if you went to Is it other states. you're going to tell me that democratic officers in California are not electors in California? EJIR.

you would have made the argument. the party gives yod this honor and you are rubber stamped so to speak. and the attorney's presentation both of the Public Officer's Law and the Executive Law. the SW APX . State.344 - . I'm. THE COURT: You say -- maybe it's your honor because you're a leader of a particular political part that wins the most votes. slate of electors. STRUNK: Yes. Let's stay with New York If you're a member of the political party that gets the most votes. and the constitution was made in which could then decide how to proceed in my complaint because otherwise I didn't know where. if in fact ther had been a conflict because the state legislature never -- because they're the ones under Article 2. am I correct? MR. . Section 1 -- determined because the right to vote is a privilege and Electoral College is determined by the s t a t e legislature. the decision on the law.But t h e r e w a s nothing in l a w w h i c h defined who an elector could be.sorry.PROCEEDINGS 20 THE COURT: And others who were all leaders of the respective chambers in the legislature as republicans. There was a decision where. what is done in 29641. And of course it's become a patriot in its positidn by habit and I considered it bad habit. popular votes.

He voted.PROCEEDINGS will of the votes -Excuse me. Correct. DC or any one of the fifty states that you were voting for a slate of electors. MR. MR. those people become the electors. when David Paterson was elected in 2008 and he wanted to vote for John McCain. STRUNK: w e understand that. that's his right. Whoever wins that particular. So then whoever - gets the most votes for that state of votes. so you're voting for those electors. Every elector voted in New York State for Obama. You don't have one. But technically you're voting on election day for President of the United States throughout this country. anywhere from three to. STRUNK: And we come to the rub of the - SW . STRUNK: is not a party and raises -- it's anybody that's not a member of a party can seat. STRUNK: THE COURT: Fifty-one separate elections. The general electiol MR. MR. I forget how many electors the State of California has. THE COURT: vote for everything they like. In New York State. THE COURT: Correct. And also technically they can For argument1$ sake.-- we really have 51 for slates of electors in fifty countries. Most people don't understand that.

Maybe this is Subsequent to your commencing this action that we have before us today. I know it's in the motion papers. not covered by New York State law. I ha a right to amend the complaint. which was the Article 78.346 . I could then. You ( attached as an exhibit his birth certificate. the birth - sw APX . and I did not amend th complaint because I went to Washington under a Freedor of Information request to get further discovery becaus I was denied any discovery whatsoever on the Departmen of State records to determine in no uncertain terms where the mother was at the time of the birth. still in court on that three years. They were essentially having to determine as is required under the 20th amendment the eligibility of the candidates. and also subsequent to the 2008 action.PROCEEDINGS 22 complaint. Now 1. The rub of the complaint is that it was my obligation to inform the electors of whom both the republicans and the democrats that they were entering into an area which was I believe and 1 still believe uncovered. President Obama released these documents from the State of Hawaii which I think was late April. and I had given them notice in my complaint.' I I I THE COURT: jumping ahead. Here's a'question. And once I found whether they're sitting properly.

THE COURT: We agree he's not an American citizen at the time of his birth. you agree? MR. I agree. I accept that as prima facie proof that his father is a British subject. STRUNK: Even when he was born his f a t h e l was a British subject. it was released from the State of Hawaii . THE COURT: born in -MR. for sure when Kenyan achieved its independence from Britain -MR. THE COURT: But I don't think anybody denies I believe his father was a British or Kenyan subject. MR. MR. That's It's all right. I I admitted that his father 1s a British subject.PROCEEDINGS 23 certificate that. STRUNK: He was a student. STRUNK: I don't challenge either one. You believe he was born in I I You're not raising whether he was I'm not going to challenge it if there's I'm just saying that he a presumption that it's true. considered a foreign allegiant on a student visa and therefore he couldn't also be a permanent resident in the United SW I . STRUNK: THE COURT: Honolulu. STRUNK: Absolutely. prima facie.

it was on our terms and it was a compromise only to the fact that we allowed for it on1 because it was a phyric victory. Philadelphia Constitutional Convention in 1787. he came back and told George Clinton. L II They generated what natural born When Chief Justice Yates left the citizen means. New York State ratified the MR. "We don't want any part of what's going on down there because we've got too much at stake. That's what the I ratification documents were and it was put in as a pure SW I I I I . Therefore." New York spread from the upper Peninsula of Michigan all the way to the Connecticut river. And to I turnover for education only. it posed a rigor which met the requirements of New York State. When we ratified the constitution. but we want all congressman being natural born. THE COURT: constitution. jump forward here. it's clear that New York State was the preventer. STRUNK: Only when Jay and Hamilton were able to yank it out of Philadelphia. and that was a natural born citizen.PROCEEDINGS States. There were already nine ratifications that both the federalists and anti-federalists said we'll list with only the president being a natural born. he was here on a short term It was clear.

PROCEEDINGS 25 recollection of afterthought. Everybody is on their best honor that they're going to submit a certified candidate to be on the ballot to meet the requirement of a natural born citizen. SW I APX . That's law. It's I I I I I There's nobody there to verify.we're not in 1787. report. The egg is broken. STRUNK: overturn an election. There is no So somebody has to take responsibility. I'm not. You can't put it back together again. I mean. they could have made that requirement and it would be a -- THE COURT: We're now in 2011. filing on your honor.349 . Also with what occurred in 2008. suggest it. It's done. certainly not trying to I would be a fool even to II We don't have a law in the State of New York. you're arguing this to Judge Schmidt. You're a citizen. Let's come to the I I So. But if they had acted unified under Yates and Clinton. Let's -. MR. It appears to me that Judge Schmidt more or less has resolved these issues. there's nobody taking responsibility unless I come in three days after the submission of that certification and challenge it in court. After three days Mickey Mouse is on the ballot. nor is there a law anywhere else in the country. it's sort of like humpty-dumpty. but the way.

It's the supreme Court of the state running the specific election for a federal officer representing that state. your THE COURT: Truman. Let's assume for a moment all your arguments are valid. Thank you for making me Harry MR. MR. STRUNK: . The Supreme Court of the State of New York has original jurisdiction over all elections.since a democratic convention has . Obama that he's running for 2012.PROCEEDINGS 26 law under the 20th amendment. Here's my question for you. THE COURT: However. North Carolina. There are no federal There is no law coming out of the There is no law coming out of the I executive. the buck stops with you. STRU*: I don't want it to repeat again I in 2012. legislature. and that's already been announced by the Socialist Worker Party the candidates and it's been announced by Mr. the convention hasn't met in Charlotte. I haven't made any assumptions. There's -. Let's assume for the sake of argument one of the things you're asking for me to enjoin him from being on the ballot or slate of electors in 2012. Honor. Therefore.THE COURT: Which would go to part one. elections per se.

Well. I've been called I did it because you said you I understand what you're MR. We're being injured. STRUNK: New York who went to court in 2008.PROCEEDINGS 27 not yet met. Isn't it premature for enjoining Mr. MR. Obama from being on the ballot? MR. STRUNK: THE COURT: I didn't mean -I made a I said I'm sorry. MR. ahead. STRUNK: I'm the.. technically there' no candidates for 2012. but go THE COURT: you say you're personally injured. I understand that. I'm the only one in the State o MR. saying. and I know all of them and .only one in the country one of 300 million or however many. head and shoulders ahead of most attorneys who tried this. It was a learning curve problem and shame on me for not handling the problem. little joke. not until next summer. STRUNK: I think there are steps to be taken before. but go ahead. physical sense. I'm being injured You look pretty good to me when I know. I sho-uldn'tdo that. But the record shows around the country that I'm ahead of. STRUNK: -- THE COURT: were personally injured. not in the I'm sorry. minus the THE COURT: -- You and I are two of many. look.

And right now we have no responsibility being taken by the Board of Elections who's run by the democrats and republicans. Garry or are you -MR. Two people actually behind the scenes giving advice for the election of both Mr. He represented them and he had it his interest to recuse himself and to make sure that their ministerial tasks were righteously carried out i terms of enforcing the only rule which appears in the State of New York. And if I may add. the democrats was actually the lawyer for the people. and Supreme Court is where the buck stops. THE COURT: MR. STRUNK: No. He is very much I see. Clause 5. which was on their website which they repeated.of the Province of the j Society of Jesus. They don't. Douglas Kellner. STRUNK: -. which says "No candidate for president or vice president shall be on the ballot unless they meet that SW .PROCEEDINGS 28 that they're still running around Federal C o w t as if Federal Court had jurisdiction. and that I believe -THE COURT: You're talking about Mr. Obama. Our elections are run'by the State. STRUNK: TEE COURT: Oh. -- MR. McCain and Mr. Section 1. Article 2.

And it's already been admitted by the Socialist Workers Party that it had been done and it was admitted that nobody could be eligible for president unless they had two citizen parents at birth." It was on their honor. continue. Go ahead. there was a pause in the proceedings and the matter subsequently resumed.353 . That was the condition of I voted for Mr.underArticle 2. You I just -I believe that -. STRUNK: before I came here today. Mr. I don't believe our vote means very much anymore because it's all manipulated behind the scenes.) THE COURT: can continue. McCain. Section 1. when he had already admitted that SW : APX . Painfully I vote for Mr. Obama. and that was not done. Sorry.PROCEEDINGS 29 requirement. THE COURT: (At this time. McCain. Our voting rate of turn out for election has dropped off. we no longer have a reasonable expectation of individual participation in the elections and certainly the ballot is picked for the president's race and that even puts a greater responsibility on the Board of Elections to check that the requirement of eligibility. he's going to vote for the first time next year. McCain. Excuse me one more moment. when he did not challenge Mr.I told my son MR. Clause 5 are met. But nonetheless.

Mr. STRUNK: SW V Yes.PROCEEDINGS 30 1 he had a British born father. your Honor.within the United States of America. one person-one vote. STRUNK: Yes. There's a other side to my vote. STRUNK: THE COURT: He would be naturalized. and as spelled out in New APX . Therefore. where I cannot sell my vote. that's germane. Obama's father would have been naturalized? MR. New York is emptying out because they are not being represented properly. It means something in the Stat of New York and it better mean something because New York State is in dire condition politically. my contract to vote. I can go to jail for that. We canno sustain a voting assembly where people do not vote. your parents have to be citizens? MR. That means that not on1 you have to be born. I can't give it away. So in other words. it says you have to be a natural born citizen. Upstate. but both your parents have to be natural born citizens.354 . What if for argument's sake THE COURT: Mr. McCain did not challenge that. that aside Putting -So essentially your argument is THE COURT: for someone to run for president of the United States under Article 2 of the constitution. is that what you're saying? MR.

So in other domestic law in our surrogate. soil. Natural born is also defined by the U. in our law which passes property on to a family member. how we carried on commerce. there's a definition in New York State law which clearly defines that it's blood and soil law of nations definition and I say law of nations because it's big letters in. So all this comes to bear to the legislature which I deem them lazy. Mr. bad habits.PROCEEDINGS 31 York State law and specifically in regards to our history of law that's found in the real property law Section 18. Goldwater was the last one on the ballot in 64 who was not born on U. It is the basis of how we carried on trade. Supreme Court in 1824 as it relates to the transition of the property rights after the revolution where family would inherit. He was born in SW W APX .S.S. that's the only location that the natural born citizen is mentioned and there's a basis of legislative action to that basis where you cannot convey a piece of mining rights to anybody who is not natural born.355 .S. how we were able to borrow money to run the revolution that we had to operate under international law that was commensurate with our ability to exist as a nation after we broke from the king. you know.the U. Constitution.

not a natural born citizen. STRUNK: This is in LBJ's papers. didn't have a hospital at that point. Be that as it may. You're linking a little bit of the Hay-Bunau-Varilla Treaty to try to claim he's . Whenever. Goldwater was born. I'm assuming his father and mother were natural born citizens of the United States. MR. I didn't check. He was born in They the Republic of Panama. THE COURT: For purposes of this. Even going far afield to argue about Senator Goldwater.PROCEEDINGS 32 the territory of Arizona. STRUNK: 1901 or 2. it was American territory since the treaty of Guadalupe in 1828. not at all. and you have a argument about Senator McCain. his father was on active duty in Unite States Navy. THE COURT: Barry Goldwater. not on a military base. Depending on where he was born in Arizona. it's American territory. Doesn't matter. a Listen. SW . STRUNK: Isn't that a little far fetched No. They had prepared a challenge in the event that Goldwater THE COURT: - Arizona became a state in 1912. I'm not sure what year Mr. MR. let's assume he was born in 1912 -- I didn't think he was that old when he ran for president. I'm not going to debate MR.

The point I want to make. is that the senate. STRUNK: That is really a fact. I In my previous life actually am aware of that treaty.S. MR. I -THE COURT: Well. Bunau-Varilla had never set f o o t t h e r e i n h i s life.357 . Bunau-Varilla was a tool of They're trying to get Panama to cut a deal A n d . his father. Senator McCain's father. I d o n ' t know if I you're aware. Senate THE COURT: -- The I read that resolution. the U. the argument on territory I accepted it at the time and voted accordingly. diplomatic history. So I took it. STRUNK: I was stationed -- THE COURT: preference. Mr. 1 know with the U. I taught American history and Mr. wasn't I wasn't aware of the treaty.PROCEEDINGS 33 I I 4 I I THE COURT: Thank you. father and mother in 1936 in Panama? Because they voluntaril went to Panama? *He got orders to go to Panama. MR. Why are his. I I waSn'tl aware of it but I read about it in your papers. MR. I I I that history because I once studied U. he became Admiral McCain.S. fortunate or unfortunate. STRUNK: All right. SW I He's ordered by the APX . so he's assigned six days.S.

STRUNK: SW My injury. that you need two citizen parents to do such. I voted for McCain.I I I don't know how long So Senator he was in Panama prior to Senator McCain. THE COURT: Maybe they had a realization that even though you can disagree with John McCain politically. Clinton who were candidates against Mr. Obarna and by Mrs. -.PROCEEDINGS navy department. butl that was never carried forward. McCain. McCain. Whatever his assignment was in Panama and his wife goes. you're assigned. They wanted to do a constitutional amendment. MR. he is also a natural born citizen of the United States.358 . APX . But the sense I resolution was sponsored by Mr. They recognized that there was a problem in the definition and they recognized that and it was never carried forward. she gets pregnant. in that his parents. she's don't know. STRUNK: I'm arguing that he had been certified by the senate. I know unanimously that he was natural born and that there simultaneously was a bill introduced in the house which essentially defined that. his father goes on official business for the United States and is a member I I I of the United States Navy and that's why his father was1 there and you're arguing because of that he's disqualified to be president of United States? MR.

You can't challenge the eligibility until he's up McCain. onus is on me because he violated his agreement with T h i me. since everybody in Congress. and the ballot. I fired him by registered mail I saw your letter that you fired I guess he didn't agree with you because he's still there. STRUNK: Absolutely. within 7 2 hours. MR. THE COURT: life scout. Obama after he went through that whole exercise. MR.359 . THE COURT: the president. 1'11 agree. STRUNK: individual. I praise you for that. Obama's presidency? MR. what are we as a country if we don't abide by the law? THE COURT: a country. SW That's right. I'm an eagle scout. I became a Congratulations. since they didn't want to know about anything. THE COURT: You're saying he should have challenged Mr. to be sworn. so it was my responsibility.PROCEEDINGS 35 THE COURT: Is that a injury? MR. I was only a It's true. We ar APX . STRUNK: eagle scout in 1959. STRUNK: My injury is he did not challenge Mr. But that shapes my thinking as I mean.

one who got that name Soebarkah. STRUNK: When I went to Washington on a case to determine where the mother was at the time of his birth. I mean you come out with what I call conclusions. SW APX .360 . I had not drawn a conclusion other than I already knew his father was a British subject. You refer to him To me hers President Obama. your complaint? But then you come out with statements -. I think it's 45 pages. I was the first one in the country. the only thing I have is my life and my vote.PROCEEDINGS 36 MR. passport application had on it Soebarkah. I don't know what it's based upon that he's. Her I was the I was the originator There was nobody I am entitled to use that. THE COURT: He's a Muslim. and I read. in paragraph 24. " MR.can run around and not make a THE COURT: -- But in looking at your complaint. that he's "a Madrasah trained radical Sunni Muslim by birth right. STRUNK: After all. MR. right. I hear on Sunday morning he goes to church. else in the country who had thought about doing this. of that. STRUNK: That's a matter of public record. And if my vote doesn't mean anything and they.let's take Mr. as Soebarkah. Obama. you know.

STRUNK: Because that's what his records show and that's what the testimony of individuals who were in class with him show. never to be trusted. But you say that -- let me get the exact quote that you had here. none of them are to be trusted by virtue of the fact they APX . a Muslim.361 . THE COURT: How could you come to the conclusion that he's a radical Sunni Muslim? MR. Soebarkah. who's the son of Soetoro.PROCEEDINGS Now. THE COURT: Meaning there are hundreds of millions of people in the world who are Muslims. I have "a Muslim is a liar by training. is a conjunction of the son.I mean. There is nothing wrong with it. you ma-ke a statement that Sunni Muslims -. that's the majority of Muslims and Shia and others. and that is a matter of public record. also if you use the language of the region. in paragraph 24. THE COURT': Muslim? MR. STRUNK: A1 takia. stringent He practiced the most -- he spoke Arabic and he practiced the most stringent rigors of attendance in the Mosque." 1 MR. STRUNK: There's nothing wrong with bein But what's wrong with being a Muslim. THE COURT: Well.

STRUNK: Mr. Seems to me like you defamed hundreds of Muslims. I've heard Nixon. Greg Galluzzo the Jesuit Priest who helped in his rehabilitation from recovery of his substance abuse problems. STRUMK: Koran. MR. and that Mr. STRUNK: And nobody challenges his lies. STRUNK: If we were to get into a detailed discussion of the Koran THE COURT: -- I don't know too much. Franklin Marshal Davis as a FBI stringer was very much involved in the training of Mr. But you make a statement in your complaint.362 .PROCEEDINGS are Muslim? MR. His background went to Father Galluzzo. ' THE COURT: Okay. Obama is one of the most practiced liars that I've ever seen in my short 64 years of life. when he was sent by his mother and grandmother to Chicago for therapy. I don't want to discuss the MR. Obama after year ten when he. word. MR. But that's neither APX . Nobody says a It's his training. He's trained. THE COURT: I don't either. Obama is a consummate lia and he doesn't get called out on it. I've heard everybody from Eisenhower in my lifetime.

Cindy McCain. I don't know if she is. I would be counting my money. The point is that lying is a-art which you've got to learn and Mr. STRUNK: It's the connection that counts. THE COURT: Clinton and Obama. I MR. I think you said she's Catholic faith. That's big business selling beer. MR. THE COURT: She is the largest distributor I know that. What I find fascinating. I don't care. You don't get those connections. Let me move along from Bill There's something else concerns me I I I I reading the papers. including Bill Clinton who blushes when he lies. I don't know if the Busch family is Catholic. STRUNK: That's big business. THE COURT: If I had a Anheuser-Busch-ship I wouldn't be sitting here. first of all you said there was a connection there where you say Cindy McCain says she's a Catholic. That doesn't make I I her a Catholic necessarily. I I Let's put I APX . because you mention a number of things about the Muslims.363 . THE COURT: I don't know if the I I Anheuser-Busch. Obama has been taught how to lie and he's one of the best liars that I have ever seen.PROCEEDINGS 39 I I I here nor there. STRUNK: of Budweiser. MR.

I would not have voted for him if I had 1 I known because I was warned by my friend Bob Dornan that anybody associated with the magazine America is not a friend of this country. STRUNK: And they have a tight connection to the magazine America which was unbeknownst to me at the time. STRUNK: is on the Board of Directors for a Jesuit run school where her children are going to school. bul it seems to me you have this theory that everything is a conspiracy and it always falls back to Rome.PROCEEDINGS 40 I Anheuser-Busch to the side. What the key is here. You said she's a Catholic and you get into this whole riff or rant. And that's Bob Dornan. a very thick book in front of me. STRUNK: record. THE COURT: That's a matter of public Oh. Ms. MR. THE COURT: know. and this was said on a radio SW I I I I I APX . the Vatican. You go on and on about the Vatican. okay.364 . Could very well be. and I'm seeing this book I can't avoid. It says Vatican Assassins as a title. whatever you want to call it about the Catholic church and Father O'Hare. McCair MR. Bob Dornan is one of the top Jesuit people in this country nobody can challenge. I don't I MR.

and Mr. he and I I I both voted for Mr. McCain. McCain. STRUNK: The Davinci Code is a phoney I Frankenheimer.PROCEEDINGS program which I was on for two hours. it turns out in the discovery of the connection to the Jesuits it was so I I 4 I compeliing that when I started really digging into the background of this scheme of defraud. and we relied on Mr. the Manchurian Candidate according to you and the school of the Vatican. I In fact. It's available His take on Mr. to anyone who listens. that he would do what was necessary to protect our interest as voters. Obama because he did not have two citizen parents. Mr. the old glue factory horse. Dornan down in Virginia in F a i r f a x where he's from and me here. which would take advantage of New York State's weakness in our law whicq required honesty. McCain because we could not see 1 our way clear of voting for Mr. didn't get it. Your case is more the Davinci 1 MR. We require to have honesty and we THE COURT: Code. the old war horse. I I I . putting up two Manchurian candidates at once. by that way it describes the gist of your argument. McCain di not follow through.

STRUNK: a work of fiction. I've used it as a pejorative. This is the one with Frank I THE COURT: MR. STRUNK: Sinatra .PROCEEDINGS 42 MR.'- THE COURT: And Laurence Harvey. STRUNK: point.I don't want to get . that's a work of fiction. STRUNK: THE COURT: MR. . He directed the original I 1 I Manchurian Candidate movie. forget it. MR. STRUNK: you've brought -- The Queen of Diamonds. I I I was aware of the movie at that -Okay. into this area. and I think the Davinci Code. With Frank. but 1962 movie. to make some interesting argument. You mentioned Manchurian They have it in the movie. STRUNK: THE COURT: Frankenheimer. SW The Manchurian Candidate was noi The work -. Now I THE COURT: Candidate. At least-I think it's a worl of fiction. MR. STRUNK: The old. THE COURT: MR. Frankenheimer. MR. MR. not Denzel. STRUNK: THE COURT: I understand that.

I understand you have various arguments but it seems to all come back to Rome. APX SW . detained. you don't have a choice et cetera. et cetera.PROCEEDINGS 43 THE COURT: Let's not get into analogies.ha not been done. You haven't been handcuffed.367 . Despite how you feel about this country. think. I want to make one observation before I hear from all t h c defendants in this particular case on their motion. and you made statements about Mr. I just want to say that. you have madc statements which 1'11 say. you have now spoken for half hour approximately. are not in favor of Mr. you 'know. THE COURT: Okay. You made a statement earlier about rigged elections and about how everything is pre-ordained. MR. Obama. in which to put it mildly. that's your argument. you have a right to your opinion in this country. and I'll let you go on. McCain and others. it comes back to New York State and whether I have standing in the Supreme Court of the State of New York on the question of who's goin to take the responsibility to enforce the law which. STRUNK: No. that are not. what's going to happen. you haven't been You're going to walk out of this room a frec Despite whatever you man. President of the United States.

your Honor. judiciary. MR. speech. I'll disagree with you there That's the federal. from beginning to end. I don't get involved with SW APX . I just sue them. I participated in testimony in what I thought was necessary to increase participation in the confidence of the general public in our judiciary. the appeals court back in 2002. STRUNK: that a citizen can make a argument from soup to nuts. STRUNK: THE COURT: Thank you. judge. The judiciary is the only place MR.PROCEEDINGS MR. THE COURT: Have you stopped? Guess what? I'm letting you. STRUNK: That's why I'm here. they're -THE COURT: They're overpaid and Oh. Forget the federal court.368 . it's not the New York State judiciary. 2003 was interested in increasing the confidence of the general population an the judiciary. Okay. MR. I love th That's the only place I get my freedom of There was an arrest on the weekend in NYU. Somebody standing on a soap box because he was going o about the federal reserve. STRUNK: What my observation is. That's what you're talking about now. that.

. THE COURT: I'm not going there.. you want me to enjoil Mr. He's a bookend of a argument. STRUNK: Mr. MR.PROCEEDINGS 45 THE COURT: either? So you don't have Ron ~ a u l MR." or something paraphrased. I wouldn't be ' able to live with myself. MR. STRUNK: Ron Paul. STRUNK: Ron Paul said in no uncertain terms. about various damages. He's not i l the case. She was an elector for THE COURT: Okay. Obama. THE COURT: council. I frankly think is a ring kisser. Obama. "I'm not going to embarrass myself in front of my colleagues by challenging Mr. I show speaker of the city MR. as I notice. can't find anybody in THE COURT: -In essence. Obama from being on the ballot and you want expedited discovery. And I see you also want me to enjoin your claim that the Jesuits have interfered with our election law. STRUNK: That is a matter which is a longer standing matter which there's Christine Quinn that shows -- Christine Quinn. He's one of the new people.

you don't quit the Jesuit order. THE COURT: She did as a member candidate for council. THE COURT: You're talking about Mr. Paterson said is a Jesuit priest. So that that opened up my eyes seeing what was a Jesuit priest doing controlling the governor of the State of New York in the governor's office. is that what SbJ . MR. Paterson is that when he took over for Mr. Spitzer who was essentially thrown out for messing with Wall Street. THE COURT: but let's work on -- I I I 1 I I don't think that's actually. Quinn got money to run. McCain got money for campaign boards. STRUNK: THE COURT: That's right.PROCEEDINGS 46 MR. STRUNK: She also chose the participants of the Campaign Finance Board who then gave out money at six dollars for every one dollar of taxpayer money to -- including Ms.papers and made the necessary proposals of what Mr. STRUNK: What opened my eyes in my case against Mr. Obama. But I don't believe that I I Mr. O'Byrne I I who used to be the governor's secretary. and as a Jesuit priest. Only God relieves you of that I I I I requirement. Paterson's aides who read all of his work and a11 of his. MR. I -- MR. STRUNK: Mr. that's clear that's what Mr.

MR.PROCEEDINGS you're talking about? MR. I thought he resigned the I to divorce the priesthood. I what happened there.in other words. former priest. and since 1984 -THE COURT: I know we can bring back inquisition going over here and to file the reformatior and everything else. to be heard. STRUNK: Well. the time is. That's between Mr. just as I have given you I an opportunity to be heard. the Jesuiteorder is a militia of the Holy See. MR. STRUNK: time is unbroken. STRUNK: There's no such thing. There's -- I want to give each defendant. the It's not 1900 anymore. You have Mr.371 . 2011. Paterson. STRUNK: My understanding was he was a You have to be -. STRUNK: THE COURT: priesthood? MR. the I don't know I I'm not going there. It's There is no -- they are here for the same reason as they were in 1540 when they did the Council on Trent. MR. THE COURT: Jesuits and God. The time is. my primary cause of action SW I APX . THE COURT: I have the gist. OIByrne.

372 . we are a democracy which means that people can choose in an election. I I I They've got to know that when somebody is put on the ballot. People are not voting now. and they're not THE COURT: -- Mr.1 democrat tweedle durn. SW APX . I I STRUNK: That's how it's done in Australia. If they want to waste their THE COURT: I know i t ' s -- if people choose 1 I I not to go as a democracy. if Thank you. has failed and it has failed because they're playing 1. tweedle dee and not enforcing the law the way it's written and the way THE COURT: -- Okay. STRUNK: I know. ~n isn't it also that people can choose not to vote? MR. I I Under Article 111. Strunk. THE COURT: MR. I have the gist of your argument. I may? I want to hear from the defendants. They're not turning out. STRUNK: votes. the Board of Elections has as its primary duty to increase participation in election. another country. you're saying we should coerce them or mandate that people have to vote? MR. New York State Election Law. okay.PROCEEDINGS 48 here is that one person-one vote has been trampled on in the State of New Yoxk. the entire board of elections does their job.

The reason why I let you go on.Counsel? MR. Never have I seen any brief in MR. THE COURT: Thank you. Graber. Strunk is very sincere in his political beliefs. I know that Mr. STRUNK: THE COURT: Thank you. why don't I do it that way. GRABER: Thank you. ORSLAND: Yes. THE COURT: Okay. STRUNK: Thank you. So then -- it is Orsland on behalf of the Corp. I list Tpthink nine sets of lawyers in order But The order in which they announce their appearance. I don't want you to walk out of here thinking I wasn't going to listen to you. That's fair. MR.PROCEEDINGS MR. The State would like to defer to the defendants who had made motions. your Honor. and ask the people to -- Mr. your Honor. THE COURT: I'll agree with you there. it will be. at least I want you to have the opportunity to be heard. Whatever the decision is going to be. I want to be sure that you are able to be given the opportunity to be heard. you want to speak first on behalf of your clients? MR. ORSLAND: .

Father Parkes. And if the Court has no questions. STRUNK: Correct. THE COURT: I really have no questions. Dunn. I I I think you can -They don't do matching money. ORSLAND: I think we have nothing to do. On behalf of the Brzezinskis.we just filed our motion on Wednesday so it hasn't been fully briefed. on behalf of Mr. Strunk. THE COURT: That's neither here nor there. I looked at several others. MR. It to me in my own mind you have in your.PROCEEDINGS which we see no cause of action. whatever they have to do with the election. DUNN: I haven't been--. ORSLAND: THE COURT: All right. I don't know. MR. I think your papers are going to lay it out. I'd like to rest on that brief. MS. Yes. It's individuals. Peterson I believe we have Ms. MR. * I have a --* should say slate of electors. THE COURT: I'll take a look. that Campaign Finance Board. particular1 to Mr. ORSLAND: MR. forgetting about Father O'Hare. THE COURT: They're not involved. SW .

PROCEEDINGS MR. Th Supreme Court has recognized this and a lawsuit like this does affect their ability to go forward if it's . We've also Laid out our argument in the papers. BEIL: Thank you. BEIL: And it's important that they not be challenged in court for recognizing that right. Strunk has his first amendment rights to stand up and speak. the Brzezinski family has a right to their opinions too. We have problems with injuries and the defendants. and the father and sons. THE COURT: The point to be made despite his beliefs about Mr. But I think the defendants here a well have a right to participate in advice and advice precedents and a lawsuit which will exercise that right. BEIL: He certainly does. your Honor. I gave him his opportunity to be heard because that's what we do in court. our defendants can be sued in New York but I think there's a very important issue there. Mr. THE COURT: MR. MR. he's not going to be-thrown in prison for his beliefs. and it's very important that their rights be protected by the case being dismissed. Mr. McCain and numerous defendants. He's going to walk out of this courtroom like everybody else. Obama.

Mr. we also MR. RE1CI-i: filed a motion and rest on our papers. GARRY: On behalf of my client. is it? I don't have any. I tried to MR. Calero is one of three hundred million Americans who did what he's entitled to do. your Honor. Thank you. THE COURT: All right Mr. Carry. and I could argue as to codefendants in addition to that that I just want to make clear that Mr. On behalf of the SWB. Reed. THE COURT: They exercised. Reich.PROCEEDINGS 52 repeated and these lawsuits become routine. we would rely upon the argument made pursuant to 3211 in CPLR. . Strunk. Your Honor doesn't have any questions. Okay. REICH: THE COURT: SW Well. MR. neither here nor there. Mr. it's That's correct. MR. The case should be dismissed very quickly on merits. we'll -THE COURT: question Mr. Strunk in fact doesn' make any allegations that our clients did anything in his complaint other than run for president. other than exercise their rights as citizens to run and it's not criminal or violation or civil action. I understand that. REICH: Reich. THE COURT: Mr.

THE COURT: Thank you. As far as I can tell from the complaint against Mr. he gives money not only politically. we laid out ou arguments in our brief and we'll rest on that. your Honor. Kirby. but a lot of charities. you. Obama. MR. Boehner we have Mr. I would add one point. 0 And Mr. MR. We would rest on our papers as well. THE COURT: I know. PHILLIPS: Thank you. MR.PROCEEDINGS 53 Okay. I believe you're here on behalf of Mr. Thank And on behalf of Mr. OLLER: Yes. THE COURT: All right. your Honor. I guess he' a big.-and that is Mr. KIRBY: The same. apart from the conspiracy allegations which have no natural grounding. it's a sin. . We rest our papers. Soros. --6~ler. He's not alleged to be part of No relief is sought from hi the government in anyway. Ms. your Honor.he gave money to Mr. Soros is a private citizen. Soros is that. On behalf of McCain entities. Thank you. Tobin.

STRUNK: this case. And he had the I I I I best standing of anybody in the country to do that and he didn't do it. But there is no law that all of these learned attorneys. I 4I I I THE COURT: There are a lot of arguments that Mr. SW It's just like The Inside APX . Soros is allege to be in cahoots with Rupert Murdoch and we would ask for a swift decision. you have anything else you want I to add now that you've heard the defendants? MR. Mr.PROCEEDINGS 54 MR. and whether or not he has an obligation to challenge his opponent. Any other -Mr. Strunk. OLLER: In any case. Soros would believe are strange about him in this. so I reserve an argument in that regard. McCain or his electors when they voted. contract law whet~ermy vote as one person-one vote represents a contract with Mr.378 . that's an important element of my case because then comes the question of whether or not New York State has -- I haven't responded to the State because they haven't responded. a lot of high powered attorneys told their clients you can do this because you're not breaking the law. Now. there are three aspects of I I The first being threshold as to whether or not I had a. my vote represents even under common law. Well.

THE COURT: states. MR. I use that chronologically. THE COURT: MR. STRUNK: Thank y o u . Ms. it was up to the Board of Elections. should we let the republicans on the ballot. Washington. Pelosi and the representative of Socialist Workers Party. You can go ahead and do the derivatives'and we'll make sure that you're not going to have any down side whatsoever so that their clients. DC is Fifty. And it can be found SW I I . So I I I I I where do we stand"in the State of New York? Well. STRUNK: In our law.PROCEEDINGS Job. New York State is the first to define what a natural born citizen is. they put in their certification knowing very well that whoever could challenge had to do it within three days or else it was up to the. Now. That's law. We agree there's fifty treated as a state in this regard. Boehner. Mr. STRUNK: Correct. MR. In that sense. They didn't do it. I I1 Actually democrats and republicans1 sit there and say should we let the democrats on the ballot. we stand pretty much like the 51 other states because they don't have other laws that -THE COURT: Fifty and DC. Now they didn't break the law.

not ten. STRUNK: Certainly the requirement is that a citizen stand up and defend his vote even when it ' S only a privilege. So New Yor II I State of all the states should be the one and only state to set the definition of what a natural born citizen is by reading a law. Section 18 which they only raise the I whole law and the venerable nature of New York State law. to go the ten points. those who decided to vote who I I haven't given up. There are 12 points to scout law. 1 I11 MR. not ten. But as a eagle scout.' *and there are a lot of people out there who have given up and they don't want to be a 11 part of what's going on. they were part of a scheme to defraud me and the voters. I'm I1 I going to be prepared. STRUNK: Well. THE COURT: are 12. I'm a boyscout. if necessary. I wouldn't get too -- well.PROCEEDINGS 56 through the legislative intent of the formations of the real property law. MR. We SW . there I'll take judicial notice of that. Tomorrow the legislature could I II take all this away under Article 2. Section 1. THE COURT: I am not going to back down. I've broken two. And why didn't the Board of Elections do that? Well. the New York council will substantiate it's in depth and it goes back four hundred years.

PROCEEDINGS won't have a right to vote for the president. STRUNK: here. All of the other finance boards which result in the certification of these three candidates. and they have -T THE COURT: With all due respect.381 . they're here. They have just as much duty to II I 1I 1 They're on a ballot. those candidates become quasi officers. Here we I have three. They did a sworn statement and they have just as much duty to show up in court and defend their action as the1 Board of Elections. and that's state action. not involving it to uphold their requirement and then working with the democrats and republicans. respond to their involvement. And they become a party for I fiduciary responsibility. Their duty is a quasi fiduciary duty. and the socialist workers admitted they were on in 2004 and admit they can be a green card and run for president. The Board of Elections is not They haven't shown up on any case in three APX . with the Socialist Worker Party. I I 1 MR. can't find any other candidate on the ballot. But whe the legislature depends on us as citizens to make a decision and cast our vote with a reasonable expectation of winning and participating in a leveled nl I playing field by the Board of Elections. to submission of that document just as Senator Goldwater had to do in '64.

electronic tracking.Harding is a.It's part of the fact when we survive. STRUNK: I It's not. We survived that. that's the hubris there. I'm not bere as an "I I I I I I I I I Thank God for I'm not representing a class.PROCEEDINGS 58 1 years. what it comes down to. STRUNK: It was an act of Congress. I MR. Treaty of Versailles. so they have a plausible explanation on serving something. When Lodge -. THE COURT. attorney. World War I did not end --- THE COURT: MR. I forgot CFR is a parti of the Vatican conspiracy. MR. STRUNK: Treaty of Versailles. ~ n and everything that ' s) in The Inside Job. They didn't even sign the certified return They're working wit receipt.. my vote and my knowledge and my discovery that I was used in the scheme to put the plan through the commercial club of Chicago which is Penny Pritzker and the Council on ~ o t ~ i Relations. Your Honor. I can't. Harding Borah -THE COURT: You're going back into 1918. the post office department. I'm sorry. Because we didn't want I I I THE COURT: And World War I1 ended by the SW I I . it's a scheme to defraud me personally.

and that is what the Musolini Structure was. 1946. MR.383 . we also did that in the United States under the NRA in 1933 and 34. a Ultramontane Syndica3ist Structure. STRUNK: I'm talking about the Council o Foreign Relations was set up as a parallel operation because we refused to join the League of Nations.PROCEEDINGS ability of Congress. the capital and labor. dl I There's a partnership of syndicates. It was finalize II I last year and they now have what is known as a Musolini Structure. SW APX . December 21.between the government. the European Union needed money until the Lisbon Treaty came along in 2009. MR. Now. That's a matter I I I I THE COURT: Is it a Council on Foreign Leagues? The organization have -- and that I know members and they do whatever they do as a private organization. STRONK: But they were set up with the intention to resemble the League of Nations because the United States refused to give up its sovereignty in that they were intent on turning us back to the Europeans as we were before the revolution. of fact. and that's what hit THE COURT: -- My understanding. intentionally created the Council on Foreign Relations 1 Theyl I I as if it were the League of Nations.

a presiding structure of the Jesuit Order as it remains now shared with David Rockefeller. he was in the Wilson administration. But certainly the Council on MR. STRUNK: By Cordosa. STRUNK: Foreign Relations is a body which was intentionally made to shadow the League of Nations and bring us into it as the United States. In l935. and it was a direct result of Edmund Walsh out of Georgetown who presided over the Versailles Treaty Affairs. the man living on many body parts. He oversaw the defeating of the Russian Christians and the putting of Lenin on a Russian train. MR. The point is that Father O'Hare is one of th most important Jesuits in the world at this point APX . Father Walsh had Joseph Stalin as the head of the communist party in 1922. with Edmund Walsh ou of Georgetown who sat there at the Versailles Treaty arrangement for Wilson. There is a seamless connection between and before the United Nations and there's a seamless connection between the United Nations and the Holy See is what. it came directly from the United Nations. he oversaw that.384 - . 23.PROCEEDINGS I know that. all that is. Okay. but that's neither here THE COURT: nor there.

the black Irishman had a dual relationship He even stayed in Windsor Castle and visited his relatives' graves and backgrounds in the British Isles The man has dual allegiance in the European. there's the question of the scheme of defraud which certainly brings in foreig money flooding into the bank of J. Cuomo. And oil. STRUNK: Well. Morgan.PROCEEDINGS because he controls the body which has been directing the structure of transfers of $16 trillion in the last four years for European banks and in Asia in order to stave off the crises that your client Mr. after getting rid of Glass Stegal in 1999. Mr. Wall Street and I can do it but I didn't think it was necessary. Europe an the European structure which was connected to his coming out of the Chicago Commerce Club which is aggrandizing it through the structure of the European Union. Whether . the control of oil which is what's going on now from Thailand to all the way to Nigeria. the Chevron Astor Trust. I I I call him the black Irishman.P. THE COURT: to tell me? Is there anything else you need MR. that was all brought about and they needed to have somebody who had dual allegiance. I mean that's the big picture I could take it int and I wanted to limit it to that. Dunham.

he was bringing it in because he did not declare to his fund raisers the requirement that anybody donating must be citizen. Senator -- THE COU#T: We're getting far -- MR. STRUNK: into the -- for bringing all the money -THE COURT: We're getting far afield from - Mr.PROCEEDINGS 62 or not Obama is a natural born citizen or not. With Europe you knew where he was coming from and he had already financed Odinga in 2006 when they were in genocide against the Christians. and we nee( you. The sec~ndaryissue is their If in fact you find that you could have a one citizen parent and one foreign citizen to b t a natural born citizen. He personally gave large amounts of money as a U. it's -.386 . your Honor. MR. McCain did and others did. Obama being on the ballot. there is nothing in New York State law. Now. But there i! no. and it take: a -- THE COURT: Maybe I overlooked something in your complaint.S. whereas Mr.there was a -- it's a prima facie fact he was willing to get foreign money from where ever since he had dual allegiance. STRUNK: scheme to defraud. the case is done. The buck stops with you. I know you quoted in Article 2 of the SW APX .

STRUNK: SW Fletcher as a historian was -- I I APX . about the fact that both parents of a person born on American territory has to be -.PROCEEDINGS U.387 . but of those who were involved in defining what natural born is. Obama which is combined together. II I I but the constitution grandfathered the first eight. but here's my question.I I I I I Oh. Is this where you're quoting from. I present a background historically. an argument not in my words. this. Constitution.the first eight presidents were not natural born. now I'm seeing where you have So I'm going to have to 1ook. McCain and Mr. Where in your papers do you explain what you had to sad orally about the interpretation. STRUMK: In the response to Mr. I understand that.through all of Fletcher and others? MR. S. and I looked at the ~onstikution. THE COURT: Van Buren is the first natural.where in your complaint? MR. but they were -- MR. THE COURT: that. Henry . They didn't know who they were going to be at that time. STRUNK: Grandfathered in. It said you had to have been a natural born citizen of the United States to be accepted with exception of the people born -.

about Mr. MR. I'm going to reserve. Bingham. STRUNK: the 14th Amendment. what New York needs desperately is to regain it's position in the country since we were the ones to define natural born citizens before we enjoined the federal structure. I understand. in 1919. MR. THE COURT: Mr.PROCEEDINGS 64 I THE COURT: I know. We have a structure of law and I think the legislature needs an interpretation soi=t can do the proper legislation and put it in place by the 2012 election. STRUNK: Your Honor. I see where you're making your argument about. THE COURT: Okay. You'll hear from me.) . STRUNK: But here. MR. the references in that paperwork? book that I have a disk for.decision. Anybody have anything else? Thank you. (Continued on next page to include Jurat. may I offer some of This is the that. Bingham was the sponsor of I'll look further at that in your reply papers.

p l e a s e . We're c l o s i n g f o r {At t h i s t i m e . RPR S e n i o r Court R e p o r t e r SW APX . Thank you. I ' l l a s k everyone STRUNK: COURT OFFICER: t o c l e a r t h e courtroom. lunch. ) REPORTER'S CERTIFICATION I hereby c e r t i f y t h a t t h e foregoing i s a t r u e and a c c u r a t e copy of t h e l d i n t h e above m a t t *SANDRA WILKES.389 .PROCEEDINGS THE COURT: MR. Okay. t h e m a t t e r c o n c l u d e d . I d o n ' t need your book.

Certified Minutes with the originals filed in my office and the same is a correct transcript therefrom and of the whole of such original in witness whereto I have affixed my signature and seal. Sunshine Kings County Clerk APX . do hereby certify that on February 13. INDEX 2964212008. County Clerk and Clerk of Supreme Court Kings County.Certification STATE OF NEW YORK. Nancy T.390 - . Nancy 7.2043 1 have compared the document attached hereto. 211312013. Sunshine. SS: I. COUNTY OF KINGS.

. 113112011 111312011 2 Order . CHRISTOPHER EARL vs. notice entry. judical interven.svc. copy ord.svc. afft svc. PLNTF..DTD I l l I l l I 1111512010 11/12/2010 P MOTION COVERPAGE FEE PD. notice entry.svc. fee paid 1/17/2012 12120/2011 @ Copy ord.xml . 1212312011 B Order dtd 11122 to intervene denied 1211I2011 I 121712011 1112212011 B Affidavit of serv. PETIT. fee paid (pro-se) 12/312008 1012912008 S Surnm. non party 41512011 3/25/2011 @ Copy ord. 121612011 11/9/2011 P MOTION COVERPAGE fee pd. notice entry.391 file://C:\Documents and SettingshbencebiLocal Settings\Temp\ClerkUEUUSB. 1213112008 1111912008 1012912008 B Req.Kings County Clerk's Office Page 1 of 1 Opened: 1Qf2912008Type: Other STRUNK. PATERSON. Total: 19 APX . aR. afR. ETAL Atty: STRUNK Atty: . 1 . & compl. 31231201I 3117/20?1 3 Order dated 3114111 311/2011 212812011 D MOTION COVERPAGE FEE PD-PLTFF 3/1/2011 212812011 I 3 MOTION COVERPAGE FEE PD-PLTFF 31112011 2/28/2011 @ MOTION COVERPAGE FEE PD-PLTFF 211712011 2/8/2011 @ Copy ord. DAVID A. Filed Actions RecRoom 111012012 1213012011 B Notice appeallradi. affl. 3125/2010 1112512009 Endorsed Order DTD 11123109 1112312009 Order to Show Cause Coverpage -FEEPAID8/9/2010 214/2010 11120t2008 g Endorsed Order DECLINED to sign OSC 11/17/2008 E Order to Show Cause Coverpage FEE PD.

Appellate liuieion: Beran3 guhicial Bepartmeat MI34380 Elnl RUTH C. (Index No.2012 STRUNK v PATERSON APX . PRISCILLA HALL LEONARD B. Aprilanne Agostino Clerk of the Court March 7. William Van Allen pursuant to CPLR 5601 for leave to appeal to the Court of Appeals from an order of the Supreme Court.. nonparty-appellant. BALKIN. Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto. dated November 22. HALL and AUSTIN. concur.392 . JJ.. JJ.. BALKIN. CHERYL E. J. Kings County.P . CHAMBERS. 20 12-00766 DECISION & ORDER ON MOTION Christopher Earl Strunk. CHAMBERS L. et al. H.P. plaintiff. William Van Allen. J. Paterson. defendants. 29642108) Motion by H.201 1. AUSTIN. v David A. it is ORDERED that the motion is denied.

SGHWW4RZ. Mo.---. BOEHNER. NANCY PELOSI. BIDEN.. : Ghrishpher-Earl: Strunk.. dOHN SIDNEY LICC'ASN III.393 .a. GREGORY P. JR..r72pwhA/ APX . SOEBRKAH (a. Plaintiff will move with CPLR $2017 for Transfer of Motions. JOSEPH A. KELLNER I Co-Chair. PETERSON I Commissioner.a. affirmed May 17. FREDERICK A...2011 with exhibih annexed and memorandum of 'g !axv. O'HARE. STATE COmEiTEE OF THE RrORKfNC FAltnLfEij PiUZTI' OF NEVV YORK STATE..John and Jane Does.-~--. CPLR $602 far 4 ConsaSidation of the Complaint with Stnznk v. Deputy Director STANLEY ZALEN. Barack Hussein Obama D. JR.rEE OF THE STATE OF MEW YORK..------------------------:B PLEASE TAKE NOTICE that upon the annexed affidavit of Christopher-Earl: Strunk in esse.---------*d. cov7J'FHE SOCIALISTW O F i i R S PARW IAN J. Fr.------"-------. JOSEPH R. RUTH NO EM^ C O L ~ Nin .S C ~ ~ h g y S ~ P R E M COURT ~ .J.. \ and Xn Eatities.. S. PETER G. THE NEW YORK STATE REPUBLICAN STATE CO%IMI'ITEE. -- & J . .--.9rs~ supporn m p 0 iD O-~+TE aYG.--_. QBAMA FTCTU3YFL?AZ?MCCMN PTCTORY 2008 MGCMN-PALIN WCTORYZOItS.O.S.-. JOHN A. WE EJEW PORK STATE COMMITTEE OF TEE 4 INDEPENDENCE PARTY. JAMES -against- NOTICE OF CROSS A.P SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index N o . W-ALSH I Co-Chair. ( M O N far TRANSFER EVELYN J. Schack J.-. PARfiES.I.Arthur M. AQUILA I Commissioner._. PRIZKER. B R Z E Z M m . PETERSEN. STATE COMMITTEE OF . Steve Bunham).-~.~.. ERIC SCHNEIDERW9THOMAS P.in esse 65002011 ____. Barry Soetoro. PENNY S.. COt4SOLIDATfON and VALENTINE. GEORGE SOROS: O B L FOR AMERIC'A.THE CONSERVATIVE PARTY OF NEW YORK Sl'ATE. @ton. NEW RETURN DfW?E DfNAPOLf.b .--~~-*------. their W c i a l and indiyidual capacity. a k a . DEMOCRATIC STATE COm31.------X - Plaintiff. -------*1. * d a. -a 7 0 3 Defendants. Paterson e t al Index No.. ROGER CALERO.. ANDREW CUQMO. S.C) ' NEW YORE STATE BOARD OF ELEGTfONS. M R X BRZEZINSXI. ZBIGNIEW KAIMIERZ BRZEZINSKI.----.k. JOSEPH P.J.: 29642-08.-.--~-*-~*___--. Depuw Director TODD D. Fr.-------.k. D O U G W A.

Courtroom 479 to be extended to Friday. Schack at 360 Adams S t r e e t Brooklyn New York 11201. OBAMA FUR MICIXEL CARDOZO Corporation Counsel of City of New York By: CHL4RENS ORSTAND. PLLC -By THOMAS J. KEITH M. Biden Jr. The OMNI 333 Earle Ovington BIvd.2011.Grabe@aa. Christopher-Earl: Strunk in esse plaint& self-represented wfo attorney 593 Vitnderbilt . June 2: 2011 a t 9:45 a. SCHNEIDERMAN Attorney General of the State of New York by: JOEL GRABER. GbRRY. Assistant Corporation Counsel New York City Law Department 100 Church Street New York.SA. 10019-6099. McCain-Palin Victory 2008 and John S. AAG Assistant Attorney General Speeid Litigation Counsel Litigation Bureau 120 BROAU\%rL4Y . T 212-728-8000F 212-728-8111 . Esq.rrov RITA4 C.. in Part 27. Dated: ~ a y 2011 Brooklyn Kew York /?-. N. New York 10007 (212) 788-0904 corsland@law.24th Floor New York.ws ERIC T. New York 10271-0332 (212) 416-8645 FAT(: 416-6009 Joel. TOBIN. Suite 901 Uniondale. or at a time designated by the court or as soon thereafter as counsel can be heard. 845-901-6767 Email: chris@strunk.nv.~-OV Attorney for the City of New York AMERICA. New York 11553 (516) 880-8484 Attorneys for Barack Hussein Obama 11.NY 11201 according to Chamber's rules before the Honorable Arthur M. New York 11238 Ph. McCain HARRIS BEACH. Courtroom 479 of 360 Adams Street Brooklyn.Y. Esq. New York 10152-3500 Ph: (212) 319-7125.m.and with the motion return date on Thursday. Esq. Esq. at 9 4 5 a. 375 Park Avenue 35th Floor New York. June 3. PIILLKIE FARR & GALWGHER LLP 787 Seventh Avenue h'ew Yo~k. Joseph R. Fax: 644-6755 Attorney for Defendants McCain Victory 2008.m. Esq. U.CORRETH.4venue #281 Brooklyn.nve. OBAW WCTORYPCT'@.. in P a r t 27.

S. DOUGLAS A. Arthur M.OBAMA IOR AIMERZCA. MOTION for TRANSFER ANDREW CUOMO. NEW RETURN DATE PETER G. GEORGE SOROS. Schack J.. THE NEW YORK STATE COMMI'rl'EE OF THE INDEPENDENCE PARTY.. Defendants. RUTH NO EM^ COLON... MARK BRZEZINSKI.. STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE.. BOEHNER. MCCATN-PALIN VICTORY 2008...J. depose and say under penalty of perjury: Strunk Affidavit i n Support of Cross Motion Page 1of 11 . VALENTINE. SCHWARZ.. a. JOSEPH A. THOMAS P.. JOHN SIDNEY MCCAIN m.. J o h n and Jane Does. Steve Dunharn).. Barack Hussein Obama 11. Deputy Director TODD D....PETERSEN.SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Index No..... in esse Plaintiff.. JOSEPH R.. JR.J.C) AFFIDAVXT IN SUPPORT OF THE WALSH / Co-Chair. ZBIGNIEW KAIMIIERZ BRZEZINSKI... S...FREDERTCK A... ERIC SCHNEIDERMAN.a.. -against- 6500-201 1 X (Hon... PRlTZKJ3R.k.... Fr.Barry Soetoro. Fr... I.. Christopher Earl Strunk.k.. and XYZ Entities.a... PARKES. BRZEZINSKI.a. THE NEW YORK STATE REPUBLICAN STATE COMMITTEE.. JOSEPH P.. GREGORY P.. STATE OF NEW YORK COUNTY OF KINGS 1 ) ss..MCCAntr VICTORY 2008.... being duly sworn.. SOEBARKAH (a. IAN J.....JOHN A. AQUEA / Commissioner. PENNY S.. STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE.: . NOTICE OF CROSS PETERSON / Commissioner......k. THE SOCIALIST WORKERS PARTY. NANCY PELOSI... Christopher-Earl: Strunk.. KELLNER / Co-Chair. JAMES A.. NEW YORK STATE BOARD O F ELECTIONS.OBAlMA VICTORY FUND. 0. BIDEN.... ROGER CALERO. DINAPOLI.... a. JR. DEMOCRATIC STATE COMMITTEE OF THE STATE O F NEW YORK... in their Official and CONSOLIDATION and individual capacity. S.. 1 Accordingly. EVELYN J. Deputy Director STANLEY ZALEN... O'HARE.

201 1(see ExhlZbit 2 with sub-exhibit 1). Phillips a f f i e d May 4. Esq. PLLC. McCain's Notice of Motion to Dismiss the Complaint affirmed May 2. along with the STIPULATION of EXTENSION as between Plaintiff. that a n y other motion yet served as to and including the Summons Complaint f i l e d March 22. Esq. Affirmant makes this &davit with exhibits annexed in support of the memorandum of law for the Cross Motion with CPLR 820 15 under the Request )for the for Judicial Intervention (RJI] purchased May 2. 20 11 (see Exhibit 4 ~ 4 t h with the return date on Ffjday. OBAIW\ FOR AMERICA. AAG a n d the City of New York by CHLARENS ORSLAND..396 -- - . Joseph R. Paterson et a 1 Index No. the State by JOEL GRABER Esq. 20 11 shown as Exhibit 4 Sub-exhibit A along w i t h any associated supporting documents of the action of such and additional Cross Motion and or responses be Transferred a n d Consolidated using CPLR 9602 with the active Complaint with Skunk v. of counsel to HARRIS BEACH.anCl further. Esq.1. MCCAIN-PALIN VICTORY 2008 and J o h n S. and KEITH M. J u n e 2. GARRY. J u n e 3. 20 1 1filed by local Counsel RlTA C. CHARTERED. Defendants MCCAIN VICTORY 2008. Assistant Corporation Counsel New York City Law Department fded with the Clerk of the Court on May 12. of counsel to CAPLIN & DRYSDALE. along with Defendants Barack Hussein Obama 11. 20 11 [see Exhibit 1 transfer of Motions with CPLR g20 17 of : the Notice of Motion for Admission Pro Hac Vice of Attorney Todd E. Biden Jr.. TOBIN Esq. 201 1(see Exhibit 3) a n d both with l l ~ e return date on Thursday. CORBETH. 201 1 (see Exhibit 5). 20 11 filed by THOMAS J. : 29642-08 assigned Strunk Affidavit in Support of Cross Motion Page 2 of 11 APX . OBAMA VICTORYFUND 's Notice of Motion to Dismiss the Complaint affirmed May 2.

201 1. That RITA C. or at a time designated by the court or as soon thereafter as counsel can be heard. on page two of the RJI shown as Exhibit 1 aMirmed : "I affm under penalty of perjury that. of counsel to CAPLIN 8r. and furthermore. CHARTERED appears to be "robo signed" by RITA C.S. DRYSDALE.S. to my knowledge other than noted above. 2.C. Courtroom 479 according to Chamber's rules (see Exhibit 6) before the Honorable Arthur M. Part 27. on page two of the RJI shown as Exhibit 1 in the dedicated section for listing any related case is left it blank. Further. 20 11. Courtroom 479 according to Chamber's rules before the Honorable Arthur M. Part 1. June 2.S.A.: 28642-08 stated at paragraph 2: Stmnk Affidavit in Support of Cross Motion Page 3 of 11 APX . that Affirmant in regards to the Motion to Dismiss shown as Exhibit 4 has a Cross Motion for Striking Disparaging Statements with CPLR §3024(b) with a return date on Friday. in I. at 9:45 a. Schmidt J. The RJI shown as Exhibit 1 purchased on May 2. Schack at 360 Adams Street Brooklyn New York 11201. that with the motion return date on Thursday. 20 11 by RITA C.m.A. June 3. Courtroom 479 to be extended to Friday. TOBM Esq. 3. 4.S. 20 11at 9 4 5 a. with Attorney Registration Number RTC5413. Schack at 360 Adams Street Brooklyn New York 1120 1. at 9:45 a.to the Honorable David I.A. TOBIN Esq. or at a time designated by the court or as soon thereafTer as counsel can be heard. in Part 27. Part 27. June 3 . TOBIN Esq.m.397 . nor has a request for judicial intervention previously been fded in this action or proceeding" and further 5. RITA C. despite the due notice provided by Plaintiff at page two of the Complaint shown as Exhibit 4 sub-exhibit A cited the related case Index No. of I. in I.m. TOBIN Esq. there are and have been no related actions or proceeding .

TOBIN Esq.A.S. That Plaintiff checked the Chamber's Rules for the Honorable Arthur M. That this complaint is fairly traceable to the events and actions leading up to the Party primaries during the 2008 election cycle for the ballot access of the Presidential slates at the November 4. Shack as shown as Exhibit 6. That RITA C. Paterson e ta l . with multiple motions that underlie this action." 6. 7. nrles and procedure. Schmidt of Part i as an election law matter. Schack of I. NYS Supreme Court in the County Kings with Index No.A. 9. Part 2 7. Part 1 Justice.S. Part 1 Justice according to Court I.A. Part 27 rather than the I. A. That this complaint with index 6500-20 11 properly belongs before the I. notwithstanding any inconvenience to Plaintiff that nevertheless is real and represents a serious burden. That Flaixitiff reviewed the RJI and motion upon which it is filed with an assignment of the Honorable Arthur M.2008 General Election as complair~ed of in the related election law case Strunk v. would disadvantage Plaintiff and the Court to reconstruct the record of the related prior proceeding including the Article 78 with Index No.: 29642-08 before the Honorable Justice David I.: 2964 1-08 that generated the controlling law of case 29642-08. as if it were to remain before I. 8.A. S.S.S."2. on page two of the RJI shown as Exhibit 1 in the dedicated section for listing any related case is left it blank despite the fact that the Clerk of the Court shows that the case remains open (see Ehhibit 7 ) . that require that any motion or cross be heard simultaneously on any Friday ONLY before the Justice in Part 27 under threat of sanctions. Strunk Affidavit i n Support of Cross Motion Page 4 of 11 .

Plaintiff signed and forwarded a Stipulation by facsimile from Staples Office Center to obtain agreement and signature by RITA C.399 . who prepared the RJI and then who failed to notify associate counsels seeking entry to the Court therein of Chambers Rules. Affirmant called RITA C. Strunk Midavit in Support of Cross Motion Page 5 of 11 APX . CHARTERED 's attorneys the Plaintiff is proced~waJly placed in a unwarranted bind when in fact the MTD of counsel of HARRIS BEACH. 12. to agree that motion and associated papers be extended to new the return date on Friday 3. 20 11. TOBIN Esq. TOBIN Esq. 20 11 abide with Chambers Rules (see Exhibit 8). Because of CAPLIN 8r. DRYSDALE. On May 12. That Plaintiff reviewed the Pro Hac Vice Motion shown as Exhibit 3 af&med May 4. took my message as a confirmation of the facsimile being transmitted and request a return phone call by counsel accordingly and received no return call.m. TOBIN was out of the office. That at about 1 p. TOBIN Esq. on May 12. CHARTERED said that Ms. t 1. 13. that even the Pro Hac Vice motion was set with a Thursday return date rather than a Friday return also showing that none of the Attorneys read the Rules. PLLC shown as exhibit 4 did follow Chambers Rules with a Friday return date places Plaintiff in an untenable situation both with expense and considerable effort in preparing all the responses now affected by the egregious Affirmance by RITA C.10. at the office phone number provided and the receptionist who answered for CAPLIN 86 DRYSDALE. 20 11. even there after sufficient time to review Part 27 Chambers rules. 20 11. and further.

'%ugenianwho took my message in e l a y of urgency to expedite the Stipulation shown as Exhibit 7. 20 11 Affimant again called RITA C.m.400 - . 17. on Monday May 16. CHARTERED who transferred me to the paralegal assistant to RITA C. 15. on Friday May 13. 20 11 Affirmant again called RITA C. CHARTERED who merely took my message. On the Morning of Friday May 13.14. 16. A t about 10 a. and the r paralegal Eugenia said that she would have Ms TOBIN or another attorney return a call today (Friday). DRYSDALE. TOBIN Esq. DRYSDALE. 20 11 Affmant again called RITA C. A f f i a n t again called RITA C.m. A t about 2 p. At about 5 p. TOBTN Esq. CHARTERED and 18. at the office phone number provided and the receptionist who answered for CAPLIN 8b DRYSDALE.m. TOBIN Esq.. and or paralegal "Eugenia" at the office phone number provided and the receptionist who answered for CAPLIN said that an attorney would return my call. 20 11.m. and or the paralegal "Eugenia" a t the office phone number provided and the receptionist who answered for CAPLIN merely took my message. At about 5 p. and or the paralegal "Eugenia" a t the office phone number provided and the receptionist who answered for CAPLIN 8 DRYSDALE. on Monday May 16. CHARTERED who said that an attorney would call back.. TOBIN Esq. TOBIN Esq. 20 11 Affirmant again called RITA C. Br. CHARTERED who Strunk Affidavit i n Support of Cross Motion Page 6 of 11 APX - . on Friday May 13. TOBIN Esq. 8. at the office phone number provided and the receptionist who answered for CAPLIN & DRYSDALE.

from participation except a s respondent parties-in-interest i n an inquest hearing and or in the SCCYTUS Petition for Writ of Certiorari No.: 10-1170 Strunk et al. 22.S. scheduled for conference on or about May 26. 20 11. That as a matter of law Plaintiff is required to have completed all service of defendant by July 20. 20 11. u Thomas J. Solicitor General Neal Katyal. Spdrao et al. Machen Jr.19. Leon. 10-1170 as a matter of personal bias in an extra judicial forum of impropriety in a matter that may appear before each in the matter of the questionable eligibility of Barack Hussein Obama I1 to serve as PoTUS and of Chief Justice Roberts who is Strunk Midavit in Support of Cross Motion Page 7 of 11 . and de facto Justice Elena Kagan and de facto Justice Sonia Sotomayor as well as the de facto U. Attorney for Washington District of Columbia Ronald C. 20. 2 1. That as a matter of law Plaintiff is required to request a Pre-discovery conference within 60 days of the filing of the RJI or by July 11. That Plaintif'f is a qualified poor person in the Federal Court system with active cases in Washington District of Columbia DCD 08-cv-2234 with active motions arid return dates before the Distriet Judge Richad J. de facto Attorney General Eric Holder de facto U. T h a t Plaintiff is also a petitioner to the Justices of the Supreme Court of the United States (SCOTUS) associated with the underlying petition for Writ of Certiorari SCOTUS No. 20 11 or four months or say 120 days after f&g the Complaint as done herein on March 22.S. 2011 and with the Petition for Writ of Prohibition with request for quo warranto inquest (see E m that by a certificate of good f a i t h within the intent and meaning of 28 USC $j 144 and 28 USC §455(a) 28 USC §I651 urges for the recusal of Chief Justice John Roberts.

2011. Washington D.aiding and abetting the usurpation of the POTUS office along with those similarly situated since January 20. 24..herein this instant action in regards to fraud associated with the 2008 election cycle and Defendant Obama's expressed intent to file in New York in the 20 12 election cycle. 23. That Affumant is burdened by the expense and process associated with all the above and is dependent upon successful solicitation of donations for meeting the needs of expenses accordingly. A f f i a n t is preparing to argue the appeal taken from the dismissal of the action Fol-ione et al. 25.C. Alexandria Virginia. 2009. That process of service upon defendants herein is being done in Chicago. and is a material witness subject to a subpoena to testifg. and suffers from any disparaging reference or action which takes unfair advantage of justice and process associated with this action. v US Election Assistmce Commission et a 1 06-cv-0080 transferred by Judge Arcara of Western District of New York to Northern District of New York as related to the improper billing by various states under the Help America to Vote Act of 2002 that has taken the property and diminishing the liberty and rights of New York voters and plaintiffs therein and of which Affirmant is one and appointed to speak to that 2nd Circuit panel in 10-822 after the submission cutoff date of on or about June 2. In addition to the above actions. Brooklyn & New York as well as Long Island and Albany New York as such as with the requirement to makes service complete within 29 days for each defendant is dependent upon Affmant Strunk AEdavit in Support of Cross Motion Page 8 of I 1 APX - 402 .

but however has been adversely affected by the bad faith actions with the R J I and matters that w i l l be responded to in the accompanying cross motion for striking disparaging statements with return date on Friday June 3. That respondent RITA C. Esq. Sttunk Affidavit in Support of Cross Motion Page 9 of 11 APX - 403 . That because this malicious action was unnecessary and Affirmant made n every effort to resolve the discrepancy as he has been unnecessarily dragged i violation Chamber's rules who without this cross motion would also be held in bad faith by Justice Schack jeopardizing this action that Plaintiff as selfrepresented Affirmant should be awarded treble damages accordingly.meeting t h e costs and reimburse the servers accordingly for travel and expense. travel. TOBIN. maili~ig and loss of time associated with service and effort which is questionably reimbursable in this and my related actions. for total expense damage of say $200 to be invoiced upon award. copying. 27. has maliciously injured Affirmant by rnakifig Plaintiff incur unnecessary additional costs and to effect disparagement of Plaintiff liberty and fundament rights to substantive due process. 2011. the completion off service is much more d=c&t in New York state court and with Federal jurisdiction and depends upon a level playing field among all parties within the understanding that an individual mu evade service unlike in the federal jurisdiction and thereby requires Affmant to utilize the complete time provided for such service. 26. and notwithstanding the fact that Plaintiff is self-represented without being an attorney working pro bono has been damaged in the sum of $45 for the fee for filing this cross motion along with expense for facsimile.

e. Wherefore. in a sum of say $200 for the costs of the cross motion. Consolidation of the Complaint with Strunk v. TOBIN. CHARTERED for malfeasance. Courtroom 479 of 360 Adams Street Brooklyn. 201 1. at 9:45 a. NY 1120 1 according to Chamber's rules before the Honorable Arlhur M. That the Court with plenary authority apply sanctions for the malicious action of RlRA C. and for f. June 2.: 29642-08.28. Courtroom 479 to be extended to Friday. Transfer of Motions. in Part 27. Plaintiff wishes the Court to order for: a. i n Part 27. warrants treble damages in the amount of say $600 plus court costs in an amount determined by the Court as just be held against CAPLIN & DRYSDALE. d. Esq.m. Stmnk Afi5davit in Support of Cross Motion Page 10 of 11 APX - 404 . with the motion return date on Thursday. complaint and related matter. June 3.m. Paterso~z et a 1 Index No. 20 1 1 at 9 4 5 a. c. Schack a t 360 Adams Street Brooklyn New York 1120 1. by CPLR 9602. Further and different relief that the Court may deem appropriate and necessary herein for justice and equity. b. That the Motion for Pro Hac Vice be denied as to both applying attorneys who failed to meet the requirement of the Chambers Rules and or even to have assumed responsibility as petitioning attorneys to read the Complaint as to the suitability of the RJI. or at a time designated by the court or a s soon thereafter as counsel.

and as to those matters I believe it to be true. /-=. Christopher-Ear& Strunk Sworn to before me This day of May 2011 0 HARRY HELFENSAUM Cornmissinnero f Deeds City o f New Yerk No.4TGdavit in Support of Cross Motion Page I 1 of 11 APX - 405 . The grounds of my beliefs as to all matters not stated upon information and belief are as follows: 3rd parties. and for reimburselnent of damages plus treble damage@ know the contents thereof apply to me by misapplication and administration of laws in creation of the New York Electoral College going into and following the General Election of h'ovember 4. books and records. except as to the matters therein stated to be alleged on information and belief. the same is true to my own knowledge. and personal knowledge.204.5-883 Gettificate F~!ed in Richmond Coun Commission Expires June 30.I have read the foregoing Cr-ctssmotion with requcst for rclief with request determined by the bench.$ - Strunk .2008 as a continuing injury caused by the scheme to de!kaud with unjust enrichment that affects Plaintitiff and Plaintiffs AD HOC Brookifynf l o m e R u l e CoaLition along with those similarly situated.

Ct. NYS BOE et al.406 . Cty of Kings Index No. NYS Sup.Strunk v.: 6500-2011 AFFIDAVIT I N SUPPORT OF THE NOTICE OF CROSS MOTION for TRANSFER CONSOLIDATION and NEW RETURN DATE Exhibit 1 APX .

STATE COMMITTEEOFTHE WOMING FAMILIES PARTY OF NEWW R K S T A E R&R I 6 ES- tmnlant f MOTE: For f2innme~olst W s h~~bfWtr ~i t~ aW 9 NYCRR $ 9 1 0 Other Pmfeashal MslprPdoe: @ mw T~ F r a t & . COUNTY OFKings Index Na:15so0-2011 Date Index Mued&rch 22 203 1 (aka.~ a r e LM -- 0 MHL Arttcfe 5.adum. oomplaEe and a t h a FORECL4SURE RB Mb.OENWCRATIC OF NEW YORK. occupied. aka.Steve DuntrarnfiNANCY PELDSI.REQUEST FOR J U D I C I ~NTERVENTION ~ U W fY2OI1) i Supreme COURT. unjunenrichment 1 - 0 ~ReslProperb: UQTr. For Foredosumaotkns involvinga one-bwr-famlly. &tiySoetoro.ka. Q ~ = c e r b b r e r t . Barack H u m Obama H.j~@meotdete. or an awneroocypiad condwninium. reoWentislkwwty. a. APX - 407 .~ ~ ~ .m{Kendra's L w ) Plstd Permit RevocaticnHescing 0 MHLArtUe 81 (Guard!mshlp) 0 MHLArticla SO ( k ~ l s n d sWnmmHwmvl r 0 MHLA r W 10 { ~ ~ i s n dCMfinanmwnm) er M e 8 summons and compW orsunmons w l n o % bwn ~ ~ W? is this acwmweemnghe(ng fr)ed postdudgmmp Q @ lf~ao.

n a r y conference R€iief SnJght.'-f== Rakef Sargm: Awl-zCd wf ~nerm "YK~ ~ e l l t SOUghr f A & -ce JW~LZOII Return Gate izeturn ~ e t w wf: 0~eskk&isi~Fmadown?Settleme&~n~ L d F h U m Dated: May L 201 1 PRINT OR TYPE NAME ! i RCT5413 A n O R N N REGISTRAM NUMBER Rita C .NdeoflssuesndhxCeMcalsof~ Nr**eof Medical.Tobin . Dmtal. o r Poddrio Malpractice Date hue Joined. * l a NoacedMotim bbtiee d P a m 0Other Ex Parfe At@catiPn 0 Wt ?m Appiimtion 0wntof~abeas Gms ~equest far m m .

Cty of Kings Index No. Ct. N Y S Sup.: 6500-201 1 AFFIDAVIT IN SUPPORT OF THE NOTICE OF CROSS MOTION for TRANSFER CONSOLIDATION and NEW RETURN DATE Exhibit 2 APX - 409 . NYS BOE et al.Strunk v.

I ! SUPREME COURT OF THE STATE OF NEW YO= COUNTY OF KINGS CWstophaEatl: Strunk in esse. Fr. WEHNER IN SUPPORT OF MOTION FUR ADMI!!jSIm PRO HAC VICE OF ATTORNEY TODD E . KELLNER / Co-Chair.STATE COMMITTEE OF THE WORWNG FAMELIES PARTY OF NEW AFFIXMATION OF JAMES P. DINAPOLI. -againstNEW YORK STATE BOARD OF ELECTIONS. O'HARE. PETERSEN. James P. JOHN A. S R . MCCALN-PAXLV ECTORY ZOO& John and Jane Daes.JR. JOEIN SIDNEY MCCAmf 111. aka. JOSEPH P . MARK BRZEZINSRI. THOMAS P. GREGORY P.THE YORK STATE EPmLICAN STATE COMMITTEE. JOSEPH R BJDEN. BRZEZINSKI. PRLTZKER. S. Deputy Director TODD a. . a@ms under penalty of pejury that the following is true: 1.MCCAIN VICTORY 2008.BRZEZINSKI. DEMOCRATIC STATE COMMITTEE OF THE STATEOF NEW YORK. OB. OBdlMA VICTORYFUND.J.THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCEPARTX STATE COh-QWTIEEOF THE CONSERVATNE PARTY OF NEW YORK STATE.. NANCY PELOSI. Chartered.J. PENMY S. and John S McCain APX - 410 .O. RUTH NO EM^ COLON.PARKES. McW-Palin Victory 2008.R ~ G E R CAtER0. JOSEPH A. VALENTINE.PHILLIPS YORK STATE. WALSH I Co-Chair*DOUGLAS A. PETERSON I Commissioner. SOEBARKAH (akaBarry Soetoro. f am a member of the firm Caplin & Drysdale. AQUEA / Commissioner.ERIC SCHNEIDERMAN. Defendants. which is counsel of m r d for Defendants McCain Victory 2008. ANDREW CUOMO.. Barack Hussein Obama 11. BOEHNER. JAMES A. EVELYN J. Fr.PETER G.THE SOCIALIST WORKERS PARTY. GEORGE SOROS.. FREDEUCK A. . Index No.W e k .4M$ FOR -4MLXICA. S C W A W . Esq. I n &5r Official and individual capacity. aka Steve Dunham). Deputy B d o r STANLEY ZALEN. and XYZ Entities. ZBfGNEEW KAIMIERif. 6500f2011 Plaintiff. IAN J. S.

3 690. rules. Phillips is an attorney with the law fm of Caplin & Drysdale. Phillips s h e 2008 and have found Mr. PhiUips will candwt himself in a manner required of attorneys admitted to practice before this Court pro hac vice. I believe that Mr. for which I am one of the attorneys of record. 6. the New York Civil Pmetice Law and Rules md the Uniform Civil Rules for the Supreme Court APX - 411 - . and will serve as counsel for Defendzlats. Mr. I have known Mr.1 1 of the Rules of the New York State Court of Appeals and 22 N.R. I make this af. I am a member of good standing af the bar of the State of New York. Phillips is a member in good standing of the bars o f the State of California and the District of Cdlifornia See Certificates of Good Standing attached as Exhibit 1 to the Affidavit of Todd E. Pursuant to &on 520. 4 . Phillips agrees to abide by the standards of professional conduct imposed upon members ofthe New York bar as well as all relevant s€atutes.3[a]. By affidavit.Phillipsin Support of Motion for Admission Pro H a c Yice of Attorney Todd E.(hereinafter mlieetively referred to as "Defendants") in the above-captioned action. Phillips.R. I will be associated I n this matter. Phillips is fully familiar with the facts and circumstances of this case. 5. including the rules of court governing the conduct of attorneys. 7. I am also a member of good standing of the b m of Virginia [admitted 1995) and the D i i c t of Columbia (admitted 1997). 2.C. Phillips. the Rules of Professional Conduct. Phillips to be a skilled attorney and a person of integrity.itirmation in support of €he Motion for Admission Pro Hac Vice of Todd E. 3.Y. 1 therefore respectf-idry request that he be allowed to appear pro hac vice in this matter for the. Todd E.and procedures. having been admitted to practice in the State of New York in 2003. Chartered.Mr. As required by the laws of New Yo&.purpose of counseling and advocatingfor Defendants. Mr.

201 1 i4 L[ J es P. County of Kings. admitting Todd E. 8. pro hac vice to the Supreme Court of the S w e of New York. APX - 412 . Mr. and for otha and further relief as this Court deemsjust and proper.Wehner. Phillips. in I t order to assist in the litigation of the above-captioned action. Phillips' affidavit is being filed c o m e n t l y herewith. Dated: May 4. WHEREFORE. it is respectfully requested that this Court issue an Order.and the County Court. No prior application has been made in any wurt for the relief sought herein. Esq.

O B A U YICTORYF W D . O'HARE. ' AFFIDAVIT UF TODD E . JOHN SIDNEY MCCAIN 111. SCHWARZ. Index No. DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK. PHILLIPS IN SUPPORT OF MOTEON FOR ADMISSION PRO H A ( : EfCE OF ATTORNEY TODD E.k.J. PENNY S. in their Official and individual capacity. PETER G.IAN J.PARKES. JOSEPH P. a. S. RUTH NQEM COLON. FRITZKER. BOEHNER.a. '13efendanW). Washington. and k h n S. R ~ G E R CALERO. THE NEW YQRK STATE COMMITTEE OF TEE INDEPENDENCE PARTY. and XYZ Enfties.THE NEW YORK STATE REPUBLICAN STAm COMMITTEE.k. 6500/2011 PlaW . I make this af5davit i n support of my appiication to became admittedpro hac vice in the abovecaptioned action. Fr. Barry S&oro. Deputy D i t o r STANLEY ZALEN. McCaifi (collectively. MARK BRZEZn\JSIU. John and Jane Does. (252) 862-5000. ERIC SCHNEIDERMAN. THOMAS P. OBAM FOR AMERICA. ANDREW CUOMO. which is counsel for h/fcCain Victory 2008. JR.. JAMES A. AQUILA / Commissioner. PHILLIFS T o d d E. N. Barack Hussein Obama Il. S. DOUGLAS A. McCain- Palin Victory 2008. D.W.a m - NEW YORK STATE BOARD OF ELECTIONS. VALENTINE. deposes and says: 1. FAMILIES P A R m OF NEW YURK STATE.SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Christopher-Earl: Strunk in esse. BIDEN. being duly sworn. EVELYN J. F r . SOEBARKAH (a. FREDERICK A. IMCCARV-PALIN ViCTOBY 2008. JOHN A.O.J. KELLNER / &-Chair. IIINAPOLI. PETERSON I Commissioner. BRZEZINSm. SteveDmhm). STATE COMMITTEE OF THE CQNSERVATIVE PARTY OF NEW YORK STATE. I am an attorney at the law firm of Caplin & Drysdale. GREGORY P. PETERSW ZBIGNIEW KAIMIERZ BRZEZMSKI. 4681 17 . MCCALV VICTORY 2008.. JR-.a.. STATE COMMITTEE OF THE WORKINO. a k a . WAMH / Co-Chair. GEORGE SOROS.C" 20005. Chartered. Philtips. Deputy Director TODD D. JOSEPH R . NANCY PELOSI. Defdts. One Thomas Circle.JOSEPH A.TIIE SOCIAL~ST WORKERS PARTY.

WEBEFORE. and I am not ctmmtiy doing so in m a n y other matter. 6. Philfips. . The matter in which I seek admission pro hac vice involves a field of law in which I have experience.11 of the Rules of theNew York State Court of Appeals and 22N. Chartered. nxles and procedures. Mr. 4. and I have never been the subject of any discipline in any of the jurisdictions for which I am licensed to practice law. admitting Todd E. I am not currently suspended nor have I ever been disbarred in any jurisdiction.3fa1. Law and Rdes aad the Uniform Civil Rules for the Supreme Court and the County Court. including the rules of court the Rules of l'rof~ssional Conduct. and will be associated in the above-captioned action. Phillips is being filed concmently herewith. in order to APX - 414 - .R. There are no disciplinary actions or investigationspending against me in any jurisdiction. I was admitted to practice l a w in California in 2005 and in the District of CoIulllbk in 2009.Y.2. 5. Attached as Exhibit 1 to this af'fidavit are Certificates of Good Sttinding from the State Bar of California and the Court &Appeals of the District of Columbia. 5 690. I am currently a member of good standing in each of thesejurisdictions. d e s . an attorney of record in the above-captioned action. County of Kings. pro fwc vice to the Supreme Court of the S t a t e of New York. Weher's aBnnation in support of t h Motion ~ fbr Admission PPCJ Huc Vice of Todd E. pursuant to Section 520. As an attorney. nor have I ever appearedpro h ~ c vice in the w u T t s of the State of New York. f am in p o d standing to practice befere d l ofthe courts to which I am admitted. 3. I respectfully request that this Court issue an Order. I believe that I can materially assist in the representation of Defendants in this action.C.R. is a member i n good standing ofthe bar of the State of New York. I have never taken the New York bar examination. the New York Civil Practice governing the con&& of att~meys. Wehner of tbe law firm of Caplin & Drysdale. and I wiIl abide by all such statufes. 7. 8. I am familiar with the standads of professional conduct imposed upon members of the New York bar as well as all relevant statutes. and procedures. James P.

D. May 4. ss: Subscribed and Swom to before me APX - 415 .Date& Washington.201 1 + odd E.C. Phillips DISTRICT OF COLUMBIA.

JULIO A. Clerk of t h e District of Columbia Court of Appeals. . do hereby certify that w a s on the 6 day of ~ ~ ~2a09 Y f . on the date indicated below. an a c t i v e member in good standing of this Bar. CASTILLO. * - - In Testimony Whereof. CASTILLO Clerk o f the Court By: '~eputy Clerk APX - 416 .I. C . . D . duly qualified and admitted as an attorney and counselar and estitlsd to practice befare this Court and is. 2011. I have hereunto subscribed my name and affixed t h e seal of t h i s Court a& the C i t y of Washingeon. . JULIO A. on April 12.

and that no recommendation for discipline for professional OF other miscondud has ever been made by the b a r d of Governors or a Pisciplinary Board to the Supreme Court of the State af California. TODD EVAN PHILLIPS. SAN FRANCISCO.2005. THE STATE BAR OF CAUFORNiA Kath Lambert Custodian of Membership Records APX - 417 .3 4 0 0 CERTIFICATE OF STANDING TO WHOM IT MAY CONCERN: This is to certrfy that according to the records of the State Bar. #238183 was admitted to the pwctice o f law in this state by the Supreme Court of California on December 7. W m . and is at date hereof. and has been since that dab. CALIFORNLA 941054617 klEiMBER SERVICES CENTER TELEPHONE.* THE STATE BAR OF CALIFORNIA I80 HOWARD STREET.. an ACTIVE member of the State Bar of California.

MARK BRZEZINSKE. PARKES. R~GER CALERO. RUTH NO& COLON. MCGAIN-PALIN VICTORY 2008. BRZEZINSKI. STATE COMMITTEE OF THE CONSERVATTVE PARTY DF NEW YORK STATE.EVELYN J. GEORGE SOROS. THE NEW YORK STATE REPUBLICAN STATE COMMITTEE. Plaintiff. Deputy Director TODD D. JOHN SIDNEY MCCAIN I Q JOHN A.a Steve D A NANCY PELOSI. MCCAIN VICTORY 2008. THE SOCIALIST WORKERS PARTY. PRLTZKER. IAN J. 650012t]ll AFFIDAVIT OF SERVICE Commissioner. STATE OF NEW YORK COUNTY OF NEW YORK 1 ) SS: 3 APX - 418 . VALENTKNE. . ZBIGNIEW BKZEZINSKI. Defendants. JAMES A. a k a Bamk Hussein ObamaII. PETER G. PENNY S .JOSEPH R. ERIC SCHNEIDERMAN. PETERSEN-. BOEHNER. KELLNER / CO-Cbair. STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YO= STATE. John and Jane Does. PETERSON I Commissioner. a. O B A M FUR AMERJCA. and XYZ Entities. THE NEW YORK STATE COMMITTEE OF THEWEPENDENCE PARTY. E L . S. O'HARE. Fr. 03AMA VICTORY FUND.. Deputy Director STANLEY ZALEN-.J. ANDREW CUOMO. JOSEPH P.J. SCHWARZ. DEMOCRATIC STATE COMMITTEE OF fHE STATE OF NEW YORK.. in their Official and individual capacity. AQUILA 1 Index No. WALSH / CO-Chair. BIDEN. GREGORY P. FREDERICK AVO. SOEBARKAH ( a k a Barry Soetoro.bunkin esse.k.Fr. JOSEPH A. DINAFOLI. THOMAS P .SIfPRE1ME COURT OF THE STATE O F NEW YORK COUNTY OF KINGS Christopher-Earl: S. S. NEW YORK STATE BOARD OF ELECTIONS.DOUGLAS A. JIt.

.true and correct copies of the Notice ~fofation for Admission Pro Ha Vice of Attorney Todd E. APX - 419 .?S~6089949 Qualrf~ed In Kings ~m~~~~ ExpfresMarch 31.a 7 5 4?. - Eugenia Benetos. McCain (hereMer collectively referred to as "Defendants").andIarn a paralegat of the firm Ckpiiin & PrysMe. McCain-Palin Victory 2008. State of Mew y~ I I . First C l a s s .W e h a in Support of Motion for Admission of Pro Hac Vice of Todd E. New York 1 1238 Pro Se Pda&ii@ KAMAL F ! SON} f@@Y Public. counsel of recard for Defenhts McCain Victory 2008. Chartered. states: 1. and Affidavit of Todd E. Phillips. PhiIlips in Support of Motion for Admission Pro Ha Vice of m m e y Todd E. Christopha-Earl Strunk 593 Vanderbilt Avenue. Iamove~theageofei@~amnotap~in~caseorpros~g. Mail.S.. and John S.201 1. Afikmation of James P. Phillips. b e i duly deposed. #28 1 Brooklyn. On May 5.I caused to be served by U. on the following Plain*. Fhi&ps.

. NYS Sup. Cfy of Kings Index N o .420 . APX . - -. Cl. . :6500-2011 AF'FIDAVrr IN r n R T OF TIIE NOTICE OF a 2 0 8 3 MmoM for m - CONsOmATIoN and NEW RETURN DATE Exhibit 3 .$fmnkv. W B O E et ol.

J o b and Jane Does. STATE C O W T T E E OF THE WORKING FAMILIES PARTY OF NEW YORK STATE. BIDEM. Fr. JOHN SiDNEY MCCAIN III. Plaintiff. their Omciaf md individual capaciw. ANDREW CUOIMO. O'HARE. JOHN A.O. ZBIGNIEW KAIMIERZ BRZEZINSKI. BRZEZMSKI. JOSEPH R. GREGORY P. STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YUW STATE.THE NEW YORK STATE REPUBLICAN STATE COMMITTEE. FREDERICK A. JAMES A.Bmkiyn. ak. KELLNER I' Cv-Chair. JR. PRfTZKER. MARK BRZEZMSKI.m. DEMOCRATIC STATE COMMITKE OF THE STATE OF NEW YORK.. NANCY PELOSI. DINAPOLI. THE NEW YORK STATE COMPvflITEE OF THE MDEPENDENCE PARTY. BQEHNER. JOHN S . JOSEPH A. ERIC SCHNEIDERMAN. JOSEPH P. PETERSON I Commissioner. OBAM FOR AMERICA. PETER G. McCain-Palin Victory 2008. VALENTINE..J. C-JM~LMNT PLEASE TAKE NOTICE that upon the accompanying Memorandum of Law in Support of Their Motion to &miss the Complaint. SJ.B a s k Hussein Obama 11. and XYZ Entities.DOUGLAS A. New York 11201. and John S. at the Kings County Supreme Court. McCain's ("McCain" or "Defendants") will move this Court returnable in the IAS Part Te Be Assigned. aka. Defendants. SOEBARKAH ( a k a Barry Soetoro.. Fr.JR. MCCAJN-PALIN VICTORY 20W. MCCAIN'S NOTICE OF MOTION TO DISMISS THF. PENNY S . Deputy Director TODD D. MCCAM VICTORY 2008.SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS Christopher-Earl: Skunk in esse. for a r ~ order dismissingthe Complaint pursuant to CPLR 475933 APX - 421 . GEORGE SORQS.201 1 at 9:30 a. Defend- McCA Victory 2008. RQGER CALERe THE SOCIALIST W O W R S PARTY. 6 5 W 1 1 I DEFENDANTS MCCAIN VICTORY 2008. UBAMA VICTQRY FUND. Index No.IAN J.a S m D a m ) . Deputy Director STANLEY ZALEN. RUTH NOE& C O L ~ M in . MCCAINPALIN MCTORY 2W3. SCWWAR2. 360 Adams Street. THOMAS P. WALSW / CO-Chair. EVELYN J. S. AND NEW YORK STATE BOARD OF ELECTIONS. PARKES. on June 2. AQUfLA 1 Commissioner. PETERSEN.

. S. JAMES A. O'HARE. JOSEPH A.J.201 1 475928 APX - 422 . Barack Hwsein 0 b m I& 8 . EEUG S C H N E f D E W . THE SOCWIST W O PARTY. PETERSEN. NANCY PELOSI. DEMOCRATSCSTATE COMMX'M'EE OF THE STATE OF NEW YO= STATE C O E OF THE WQRKING FAMILIES PARTY OF NEW YORK STATE. Tobin. Esq. 6500/2011 NEW YORK STATE BOARD OF ELECTIONS. b . EVELYN I.TNE NEW YORK STATE REPUBLICAN STATE COMMl'ITEE. DC 20005 Telephone: (212) 319-7125 Te1eplm~ (202) 862-5000 Facsimile: (212) 644-6755 Facsimile: (202) 429-3301 Attorneysfor Def+ts M&in Yictory 2008. Esq. ANDREW CUOMO.McCnin James P. BRZEZINSKI.SUPREME COURT OF THE STATE OF NEW YORK COUEtTu' OF KINGS Christopher-Ed:Stnmk i nw e .2008.SCHWARZ.PE'I1ERSON / Conrmissioner. . GREGORY P. 0 3 M FOR W R i C A . RUTH NQEMI COLON. S Q E B W (aka. THOMAS P. KELLNER / Co-Chsrir. PETER G.JOHN SZDNEYMCCAIN m. MARK BRZEElNSKf. IAN J. John and JaneDoes. STA'IZ O O E OF THE CONSERVATIVE PARTY OF NEW YO= STATE. DEFENDANTSlVLCCAIN VICTORY 2008. AND JOBN S. JOSEPH P. MCCAiN'S MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO DISMlSSTHE COMPLAiNT CAPLIN & DRYSDALE.Deputy Director TODD L 3 . and XY2 E n t i t i e s .in their Official and individd ctlpacitr.C W T M D Rita C. -agd-' Index NO.R ~ G E R CALERO. S. Bany Soetm. BOEHNER. Wehner.ZBIGN&W KAI&IE& BRZEZINSIU. Fr. Fr. 375 Perk AvalUe Suite 1100 35th Floor New YO& NY iO152-3500 W q n .BIDEN2JIt. AQUILA I Commissioner. PARKES. P R F l ' m GEORGE SOROS.. Plaintiff. JOSEPH R. O B M V7CTQRYFUND. DOUGLAS A.J. rom A. JW. FREDERICKkO. aka. Deputy Director STANLEY ZALEN. Steve Drmham). One Thomas Circle. THE NEW YORK STATE COMEJlffTEE O F THE INLlEPENDENCE PARTY. EFBlr CAPLIN $ DRYSDALE. CHARTElkEB May 2.PENNY S. \rAL)NlTJE.DINAPOLI. McCain-PalinYic. WACSH t &-Chair. and John S . MCCAEN-PAWN VICTORY 2008. M C C m HCTORY 2Oa8: MCCAlN-PALIN MCTQRF 2008. Defendants.

............. ........ 10 CONCLUSION.............. 12 APX - 423 .... III.: 9 ............................ 2 S B............................................... trrmk's Colllplaint Requires the Resolutioil of a Nos-Justiciable Political Question...................................-.......... ..s.............................................................................................. 8 d Failed t a AHege a Cause of Action for UnjW Enrichment....... ............d..........-............................................................................. .... ...................................................................................................... tmnk Lacks S t a n d i n g Becausethe Comp1aina Fails to Allege a Concrete........................................ t& Fail& to Allege a Cause o f m o n for Fmud.. 2 A.............................. ............. ACTION ..........................ED 'jrO STATE A CAUSE OF A.......--........ T HE INJUNCTIVE RELIEF AND DECLARATORY NMShrIENT APPARENTLY SOUGHT ARE UNSUPPORTABE.....................................................-.. *.................................... ....................................................................................................................................TABLE OF CONTENTS L ............................ C...................................... 7 ........................................... HE COURT S H O W DISMISS THE COMPLAINT PURSUANT TO RULE 321 1(A)(7) BECAUSE STRUMS HAS FAlf............T HE COURT SHOULD DISMISS THE C O M P m PURSUANTTO RULE 3 2 11(A)(2) BECAUSE I T LACKS SUBJECT MATTER IURISDICTI€FNh................... -............................................. t S 7 B..............S ............................................................-....................................................................................................................................................................... ................................................................................................................................................................................................................................ Particularid and Judicially-R-ble Injury s .................................................. 11 Other 'Causes ofActim'9imirarJyFail ................................................... - 5 T II...

the ~e~01ution of which is better left to the voters and the politicsX branches of the fedend g o v ~ t Third. No.. Likewise.. dismissed Aug. Defendants McCain Victory 2008. Berg v Ohma.Hoflmtderv McCain. SStrrmk has failed to adequately allege a cohered or intelligible claim fix mjmt e m i b e n t or any af the other m r t e d See. Yet the courts i n all ofthese prior cases have &&sad the claims as a matta &law (e-g. this case involves a political question. .hment or any of the o&er alleged %auses of Action. M&ain- Pdin Victory ZOOS. Strunk l a c k s standing to sue in state court. and that W a n i therefore deprived Stnrttk of bis ri&t t o cast a legal vote (e-g. 567 F Stpp 2d 1144 (2008). unjust enric.g. 566 F Supp 2d 63 [DNH 2008])? The same result & o d d occur here. Defendants are @mined to read auy meaning into Struok's Complaint and determine how the different aIleged "'Chsw of Action" relate to D e f k ~ d a n t s at all. XolPrblin v O h 2809 WL 2513986. however>are meritless. Defendant Barack Obama has f d a number of fiv01ous lawsuits regarding his eligibility for President. T h e s e cases have been dismissed as a matter ~f law as well. Stnmk bas failed t o sfate valid awes of action u n k New York I a w for frryld.2009 US Dist LEXS 75360 @ Ariz 2009). afd 586 Md 234 (3d Cir 2009). E. Strunk seems t o claim that Senator McC& ran for President knowing he w a s inefigiile for the office." Moieova. Similarty.. Similar lawsuits have r the presidency by attacIrfng his sultw as a "natural born challenged McCain's eligibility h Citizen. Plaintiffs lawsuit is subject to dismissal for s e d fimddamena reasons.'' (US Const. 08-0520 (WD Pa. Elliott v McCain. camplaint 70). First. PRELIMINARY STATEMEiYT Plaintiff Stnmk's pro se V&ed Complaint is very difficult to u n * . e.aad John S. el 4). Second.2(MS). M d X n C'McCaink OrL'Demt5'3 move t o d i d w Plaintiff Christopher-Earl: Ssaurk's ("Struak"QI ''Plaintiff') Cmplaint. 574 P Supp 2d 509 (EDPa 20081.g. 5. . consisting of u n w d f a d allegations and legal theories. art II.Pursuant to CPLR 3211(a) 0) and (a) (?). Q 1 . a cause of action fm fraud mpira paitid& showings by a p k h m and Stmuk's allegations fid to establish even a single dement of this claim. having suffered no injury. Robinson v Bowen. Such allegations..

the Complaint must satisfy doctrines of standing. & hEnforcemat Em&. Dist. (Chtny v Kmh. Cmm. 71 NY2d 349.mary in his Complaint that.. S t m a t r alleges that MeCain's improper a p p a m ~ c e on New York's ballot deprived him of his "@It to I&] republican form of gavefmnent" and denied h i s ''expectatioo of a d o r m true andxxmect ballof' (complaint at 18. as here. ' M a 1 ofEquai Protection for Voter Expectation of a Uiaifom T r u e and Comect Ballot A c e ~ d m g to Law md Regulations by the Defendants BOE and its Agents.no court has interpreted the N W Bom Citizen Cf.. &OW he ' ia . capable of resolution with a concmb impact on the parties. 126 AD2d 346. AFLCIO v Cuonao."Causes of Action" includiug. THE COURT SHOULD DrSlWS THE COMPLAlPJT PURSUANT TO RULE 3211(Ax2) BECAUSE 1T LACKS SWJECT MATTER JURISDICTION Stnlnk has @led to file a case that is justiciable. Strnnk Lacks Stanrting Becaitse the Cemplaislt Fails to AUege a Concrete. I. the Court lacks subject matterjurisdiction and the plaintiffs action must be dismissed (Matter of New Fork State fmpection.In short. for example.injury ~i n faq distimt mat of me g ~ e r a pu~ic.241 [19841).a reoccurring theme in the Complaint . which also %[&I on the premisetkat MdXn'n's mere status as a presidential candidate or party Mminee somehow interfddl &with the electoral franchise of voters like b L a i n t i f f l " (ffoZkz~~&~~ 566 F Supp 2d at APX - 425 . McCain faoed a s i m k theory in HoSlandm. At most. maotness. Committea and Politid Parties" (wmplaint a t1 8 ) .to confer aay. An actual controversy must exisi. a prerequisite to d l court actions {Cuomo v Long f s W Lfglrt. must allege fa& if proven. Stnmk's Complaint lacks m&5 and it should be dismissed w i t h prejudice for any of the r ~ n explained s below. Stntnk. and his claims m u s tf d . Co. T o qualify as a justiciable." ~ [1998J). 358 f19881).20). S€rui&c m o t e s w l i s h the requiite injury because McCain's alleged ineligibility to run for President did n o t viol* imy of Strunk's legally pmtected interests. 64 NY 2d 233. A.individual rights. &.182.ause . Psrtlcukized pad J--Rhabfe. ripeness and political question. Momver. ' As the party trying to invoke jurisdiction. Absent such wre elements. Candidates.350-351 [2d Dept 19871). AFSCME. .

. Inc. Fed& c~urts f a a m notably held that votm do not APX - 426 . 772 [1931] [comparing the "core reqaknent'' fbr standing l(derived h m the Fed& Constinitionor the common law"]).. ofP. And a plaintiff d m not have standing by virtue of his ststus as a voter whae. is 'hardly a restriction on voters' rights' because it in no w a y prev- them from voting for sameone else" (id. v Babbitt.and general-eMonballots in New York.). If Stnmk believed MeCsin to be idigible. the voIuntary forfeiture of a right is not a ham that confix% standing (see. Evm if Strunk shy& home on E l d o n Day bacause of his opinion of McCain's eligibility. ofha than &se wmmm t o all laxpayers and citizens.'lasticsIItdw. a t 69. 1175 F3d 814. that 'p]lhe presence of some allegedly ineligible canttidate on the ballot w o u l d not seem to impair [votind ri&t[sj in the least. It is well established that "aprivate citizen who does not s h o w any special rights or interests in the matter in controversy.. federal court decisions are i n f m v e because of the similrrritiesbetween federal and New York standug requirements (Socy. The court in Hollander rightly found however. Stnmk's awnsationthat McCain deprived him of his right to vote i s baseless.has no standimg to sue" ( M a * o f M e e h v Coung o f IVe~tckes&~ 3 AD3d 533.534 [2d Dept 20041).815-836 [loth Cir 19991 Zp1aintBk lacked d i n g because National Park S e r v i c e ' s request that they v 0 1 u n ~ y reinfzided no injury& climbing Devils Towers in June Stmnk's allegation$ of injury amount to at m s t a gen&ed grievance. The mutt fhereforeheld the plaintiff lacked standing.93 NY2d 273. no matter how tbat candidate paforms in the election" (id. Though not binding authority. a complaint fkik to cite a spedific staNte "evenGUlgentislly IF:^ to the right to v& (Ru&er v Pataki.68). he was free to vote for any number of other candidates that appeared on the ZOO8 primary.Bear Lodge MuItipIc Use Assn. whatever his eligibility. 230 F3d 381. as here. guoting3a:kr v FEC. e-g. reasoning: "McCain's candidacy for the presidency. 77 N Y d 761.390 [lst Cis 200012 As such.

Jones v Bwh. 1554 [llth Cir 19851).2 S W s challenge t o McCain's status as a 'haturd born Citiza" .add &US McCain's digiility for office .have standing to challenge the q d i o n s of candidates for elected federal office.which includes over $36 million in damages . Id." a n d the impwition of damages would effectively j d s h McCaia for ex&g rhia right (Flinn v Gordon. Cheney were ineligible to receiveTexas's electoral votes under the Twelfth Amendment APX - 427 .injury requirement (Lacjanv Defders of JRMiifee. 504 US 555. 636 (1937 per cwiam) (holding t b t plaintiff lacked standing to challenge the eligibility of Hugo Nack to serve on the U. 244 F3d 134 (5th CU2000)s(holding that three Texas voters lacked standing to briag suit aUeging that George W. "particular[ 1 "weight in cases "seek[ing] an interpretation of a wnstitutiond pvision which has never before been comtmd by the federal murts.fbmlosed by the Constitution's particularized. at 220.359 [ I 9 9 7 1 is unconttoversid'~).554-555 [1965]). 122 F Supp 2d 713 (ND Tar 2000). which is held in common by all members of the public. $20 US 351. md S t r p n k cannot impose damages on McCain for his nomination to the Republican ticket (see Tmknom 9 TMa Cities Area New P a r t y . See &o Ex Parte Leuitt. the First a n d Foutkenth Amendments still paantee a political party and its members their choice of a m i n e e . . at 221. have "a constitutional right to m fer office.S. Political candidates.573 ~19921)." Id. 379 US 536. the "right to run for public office touches on two fundamental freedoms: freedom of individual expression and iieedom of association'' (Coxv Louisium. hsumhg only for sake of argument that McCain would not have beeg eligible to be President. the Court held dtat plainti% lacked standing to pursue a claim alleging& t i t certainmembers dCongress were ineligiie for oflice under the Constitution's Ine~mpatibility Clause.S. Supreme Court b '?t is not &cient that klaintifflbas d y a general interest catmrn to afl members of the public").is bared by the First hgld Fourteenth Amendments of the U. 775 F2d 1551. The Court explained that "standing to sue may not be predicated upon an interest. Indeed.is precisely the type of g a d y available $tievaace that is . Iike MeCain. 302 US 633. Cpnstitution. This is not [What [defendant party] has a right t o seEect its own &date For example+in ScBIesizlger v Rarer&& C b m n to Stop the Wm: 418 US 208 (1974." id. his alleged injury could not be naimwdby the Court SpecifieallyIStrunk's request for relief .Bush md Richard 3. Even if Stmnk could allege an injury-in-fact. a d that the standing requirement carries . afld without opinion.

unjust enrichment." The above-entitled action has been brought by Stfunk seeking "a preliminary injunction hearing with declaratory judgment with a partial summary judgment" and other relief against various Defendantsfor alleged violations of state law in connection with.32 I lfa){2) and (a)(7). Defendants seek relief on several grounds including the Complaint's failure to allege facts sufficient to confer standing on Plaintiff Christopher-Earl: Saunk that would entitle h i m to invoke the Court's jurisdiction. McCuin-Palip1 Victory 2008. One Thomas Circle. . Dated: May 2. 375 Park Avenue 35th Moor New York. NW Washington. and the CompIaint faiIs to state a claim under New York law for fraud. McCain and Barrack Hussein Obama as presidential candidates. iMer alia. are required to be served upon the undersigned at least seven days before the return date of this motion.201 1 By: cAP$IN& DRYSDALE. DC 20005 ame ex Telephone: (202)862-5000 Facsimile: (202) 429-330 1 Rita C. Pursuant to N. the qualificationsof John S.Y. the Complaint presents a politiGal question inappropriatefor judicial review.C. and the other alleged "Causes of Action. answeringaftidavirsand supponingpapers.L.R 22140. Esq. and for such further and other relief as the Court may deem just and proper. avrdJoh~l S.CHARTERED Wefmer.Tobin. with prejudice.P. McCain . if any. Esq. NY 10152-3500 Telephone: (2 12) 3 19-7125 Facsimile: (212) 644-6755 Attorneysfor Defendnts McCui~ Victory-2008.

History provides s e v d examples of palitid parties that have s d v d fheir political agendas by nominatingcandidates knawn U be ineligible at the time. b 11872. politid h c h af govanment.3 As the U. See Kate Hzwelin. in the first instance. Auth.ts a constitutional right to selsct its nominee. the Court cannot redress Strunk's alleged injury with a favorable dmg. APX - 429 . bis challenge t o McCaia's eligibility for the O f f i c e of President raises issues that constitute a non-justiciablepolitical question.. Oct. as a woman. Constitution i n d i m t h a ti s m elating to a ' d ~ eligility s for the O f f i c e of President rest. USA Today. Consequdy. It serves to restrain the judiciary from substituting ''judicial aversight &r the disdonary management d public business by public officials" (Matter o f Abrams v New Yark City Tr.S. S . even though she was not yet 3 5 . Where '4natta-s have demonstrably and texWiy been cofumitted to a m o d h t e . considd by many t o be the &it woman run for president. with the voters srad then with the Electoral Colleg@..to say. The political question dochine is ''essentially a function of the separation of powers'' (Bakerv Can. the constitutionally mated body responsible for seleetkg the President of the U n i t e d States (see. was then unable to vote. and his claims must be di- B . rtbstnt exhaordinary o r emergency ckwmstances. Constitution prevents courts drom disagarding and undermining a political party's decision tQ nominate such a &date.64 NYZd at 234).217 [1962]). 39 W 2 d 994 992 [1976]). the nominee hiis an unqw&ied right to hold o f f i c e . SimilarIy.. however. that maely bemuse a p o l i t i c a l party h. Victors Woodhull: Fearless Feminist at 37 (Twenty First Centuty Books 2006).the &&can Socialist Workers Par& nominated a presidential candidate who was a Nica~aguan immigrant.2004. and require the Complaint's dismid.y w old and. for example. See Third Pa* Presidential Candidates. the Equal Rights Party nominated Victoria Woodhull. Strunk's Complaint Requires rhe Resoiation of a NohJusticisble Political Q9estion Notwithstmhg S4runk's lack of standhg. any mns-on of such m a t t e r s by a branch or body other than that in ' which the power expressly is reposed would. constitute an ultra ~ i r & act" fNav YorkState I?iqxztioon. 369 US 186. The U . i n 2004. damages on McCain for the Court amnot impose the exmise of these First and Fourkmth Amendment rights here.23.

the selection o f the -dent -and the evduation of a candiws q d f i d o m . d 5 1). art II. t~ the extent such review is r e q u i r e d .495 US 385.' 7 ) . further r e v i e w of a prmesldential d b t e ' s eligibility for office. 4 3 C"&e Congress may by law provide for the case wherehi aeither a President elect nor a Vice President e l e c t shall have qualified. the Constitution commitsto the House of R m t a t i v e s the authority to select &e President and. The US. Where no candidate receives a majority of the electorrtl votes. a ~ XXm. . C d M i o n ' s commitmeat to the Electoral College of the responsibility to seiect the President subsumesthe authorityto decide whether a presidential candidateis quakftd for office because the e m o n of a candidate's qualifications is an integral component of fhe electors' decision-maktdgprocess! The ConstiMm also provides that.1 A I I r US Coast. mend XIT). 33e U. the Twentieth Amendment explicitly grants Congress the responsibility far seteckg a President when a candidate elected by the Electoral College does not satisfy the Constitution's eligibility requirements (see. to evaluate the candidates' qualifications (see. Constitution therefore provides that. .S. US Const. after the Electoral College has voted. US Const.its judgment w u X d ' ~ r o j w i a t ~ interfer[elm ly~ with the E I 4 College's constiMonal a u t h o r i t y to elect tke President and to evaluate the ~ ~ c a t i o of ns the national catldidaks seeking that office.394 (1990). US Const.If a state court were to pass upon the ePgiility of a andidate to hold the Office of President -a detemktion reserved for the Electmid allege and Congress .rests with Coajpss.it may involve itself in nationai politid matters firr which it is institutionally ill- If a state coat were t o sit in judgment of a federal arididateasqwilifi~tiotls. . Voters aud e1eetm can chose not to vote for a candidate they believe to be inetigi'ble.should be m d e by the voters ttnd politidly accountable bodies withcrut j u d i d participation. and nwqbers of Conp-839 can object to electorat votes as they are counted (3 USC 5 15). in such Manner as the Legis1ature &emf may dim%.in so doing. d 2 ["EachState shrtfl appoint. 4 1. Similarly. United States v Mulun-f. amend XX. declaring who $ball then act as President.rorm." e w r s for the President and V i c e President]. i n the first instance.

Under this standard. J. Sheridan Y Carter.. Stnurk Fded ~ AUegt a Cause of Actiwt for h a d case bmught under New York law.e. the Couxt should dismiss Stcmk's Ccrmplaint b r failure to state a cause of action. Auth. Accmhgiy. l L THl3 COURT SEOUL0 DISMISS THE COMPLAINT PURSUANT TO RULE 3211(A)CI) BECAUSE STRIXliK HAs FAILED TO STATE: A CAUSE OF ACTXOM Alternatively.. Indeed. the political question da&e supe?seding the judgments of the nation's v instructs Ws Court to refrain from o and ~ those federal governmental bodies the Constitutm designates the m e r f o m for determining M W s eligibility to hold office. ~ f 1 0 1 ~ allegations or legal conclusions couched as $ds (see RuBno v N t r w Y~rk City Tr.445 [2d Dept 20081). 495 US at 394 quoting Morrison v Ofson. see also Matter offlobinson v a E d w a d .S. $5 AD3d 817. to presume the trutbfirIness of bald d o n s .suited. complaint is APX - 431 . Constitutioa's ~8fefXly calibrated separationof powers '%heabsolately central paantee of a just Gwe~nmmt~ (Mmoz-Flora. inter alia. sufliciently particular statements and plain and concise statements]). however. 487 US 654.ate the In any fraud c i r c ~ c e constituting s ihe wrong in &dl (QLR 3016 0. Sbmk's offen unintelligiile Complaint must be dismissedbecause Savnk has not alleged any of the elements necessary for any of the "Causes ofAction" under New Yurk law (see also CPLR 3013 & 3014 [requkhg. and intmke with the oonstitutional authority of the I31ectoral College and Congress t o d m t e the qualifications of presidential candidates. a p W f F is obliged to &..g. 54 AD3d 682. A court i s not requir(3d.it risks disrupting at tbe nafional level the U. dkmntin~). If the Court were t o make this d e t e m b t i ~ 1 -as i t must to resolve Strunk's claims . 683 [2d Dept 20081 [finding that complaint alleging e l d o n h u d "failed to plead the frsurd claims with the requisite specificitya). A. 818 [2d Dept 20083 r p ] a r elegal conclusions are not entitled to the benefit of the preamption of truth and not acoorded every hvorable infereneey). The purpose of a Motion to Dismiss d e r CPLR 3211(a) (7) is to test the legal sufliciency of a complaint we.697[I 9881 [Scalia. 48 AD3d 444.

Finally. Smdc's only alleged example of any representation of fact made dkedy or indimtly by McCain comes fiwm a statement filed in Arizona t o c o n i b eligibility for and partiupation in that s t a t e ' s son-binding Presidential Preference Primary (complaint 146). v Hotel Marhhique Asso(:. 87 NY2d 308. 12 NY3d 527 [2009]). v Cont. 271 AD 988.S. falsity.. (New York Univ. Sfrunk bas &us not alleged the elementsnecessary far a cause of action for fraud B . h . 223 An2d 938.bas alexi to satisfy the essentid elemwfs of a muse of action for fraud.insufficient if it cantaim "only conclusory d-tions of fraud without any facts to support a findingthat any liaudm act was commi@&'~Sar@v Miure$ii. 50 AD3d 1117.1118 [2nd Depe 2 0 0 8 } } . Stnmk has n o t alleged t h a t he suffix& au a&$ p d a r y loss as a result of McCain's statement (Dress Shirt SaCes. be &scribed as bare assertk~s. 318 [I9951 [intemd quotatiom and citations omirtedJ). only certain bodies are authorized by the U.was intended to i d u (see ~ BrucKeffv GMwuCd. which are ''representation of a material existing fact. Co. S W s unjust e n r i c b t claim seems to flow from can~paignMraising APX - 432 . 343 119631)... Skunk does not allege that he &ied on this statement or that he w a sw i t h i n the class of persans that this statement-made in another stafpifor a separate eI&n . Im. Here. 941 f3d Dept 19961 [statements alleged to be fhwkdeat m u s t be 'Wse whenmade"]). offering ammations that can. Strunk. scienta. even if Stnmk's factual claims about McCain's birthplace are accepted as true. 471 Moreover.a t besf.988 I2d Dept 19471). Constitution to detmdne eligibility for the Office of the President and t h e bodies have never declared McCain ina3igible for that Office (Beltrone v G e m d Sclruyler & Co. afld as a s m o d . 12 NY2d 339.. 112 NY 454. as discussed above. Strunk Fded to AUege a Cause of Action for Unjust Enrichment A cause of aetion f aunjust enrichment must show that the dpfkdant was emic~ed at the plaintiffs expaw {see Milman v Dennisan. Stnmlr has not alleged that McCain's statement was Mse or that McCain knew it was fake because. deception and i n . neither criteria is met.

McCain &d not have been enriched..Enrichment': " I n W Witb Right to a RepQbfican Form of G6vernmentby Fr. 0. are nninteUigible.deml public giants dtuing the 2008 electim. and Frederick A. Gouts routineiy dismiss complaints that contain such pleading even from pro se litigants (see. Committees a d Political P a r t i e s 7 ' .activity by d d a t e s . including those for h u d and unjust enrichment. And even if Smdc had contributed to WcCain's campaign fUddraising I 1 I activities. Gerieraliy speaking. incoherent7 and fail to fit within any cognimble legal theory (see CPLR 3013 8c 3014).20. A H W e r 'Causes o fA e t i a t l " SimibViy Fail Stnultr has asserted a total of seven Y k w s o f Action'' in the Carnp~aint. Jr. indudhg McCain (complaint fl148) Howeva.J. Joseph P .18. all of the alleged ccwses o f d o n .Schwan t " :and ' W e r m with Election ~mchise by Defendants and Frethick A. Commitkxs and Politid Parties Aided and Abetted U n .1. Candidates. deb helps ensure over$ camplianw with this c'prsonsluse" &&on. Strankhas failed ! to allege sdquateiy a cause of d o n for unjust enrichment. Strid fedecal rules p w n t campip funds from b e i a g f b r a u y 4 W s 5 h dusey' 11 CFR 113.19.. Thus. 29 Misc3d 1202[Aj. of Equal Pswtaction For Voter Expectation of a Unifbrm True and Correct Ballot A w x h g to Law and Regulations by the Defmdants BOE aad its Agents." (camplaintat 2. *4 [2010] It should also be noted hat federal rules require the Fed& Election Commission to audit rigomusiy all Udain gd-election conwittees that accepted fe. %mar v Dinkes & Mwitzer. SJ.'aenial of Substantive Due Process far Voter ExpetWioon of a Uniform T r u e and Crrnect Ballot According to l a w and Regulations by the D e m t s BOE and its Agents.1.F.Fr.R. Candidah. Stnmk never dleges in the f b m p h t tbat he personally contributed any fin& t a these activities. e." nor can Defendants discm whaf atl of the 'Causes of Adion" repsent. Stnmk alleges that "Dfif-t SUEBANCAB and Defmdant McCaia as part o f Soebtwld's Republican Guaml committed perjury before a Federal OfEcer in vi01aiion of 18 USC $1001 as part of the faekefewkg enterprise cormptoa" (complaint a t 35). Strunk alleges t % m c B r e a c h of St& Cdtutionai Fiduciary Duty as A+t all Public Officer Defendants". 0 . Besides fraud and anjust enrichment. Schwan. APX - 433 - . 2010 NY Slip Op 51655[U]. 11 C.25). there was no qmse t o Stntnk. C.1132? As such. For example. Pilrkes S. O'Hare.' Defendants cannot detamim whether or not they bvebeen sued under all af these "Causes of Action. 5 9007.g. Joseph A.

injlmcton. Shunk has not alleged a mticiable controversy. 540. rather than hypothetical. a lack of standmg and for involving a political question. prejudice to the plaintiff" (Waterways Dev. Strunk has thus alieged no genuine dispute o r actual controversyY APX - 434 . With respect to the request for a dec1aratory jud-ent uuder CPLR 3001.F . As discussed above. contingent or mote.Gorp. inter a h . As such. 28 AD 3d 539. this I 1 i I I ! I appmntrequestmustfail. see CPLR 6301. the Supreme Court may render a decl- judgment a s to the rights of the parties when there is a justiciable oontmversy." 'Tursuant to CPLR 3001. [2d k p t 2 0 0 6 1 ) . v b a l k . this action shauld be dismissed as non-justiciable for. and has not established he is atided t o any such relief. A justiciable g o ~ v e r s y m u s t involve a present.

20 11 n Telephone: (202) 862-5000 Facsimile:(202) 429-330 1 35th Floor New York. tbe Court shodd dismiss S W s Complaint w i ~ Dated: M a y 2. . Defendants would request that dismissal be with prejudice and h t Strunk not be granted leave to replead as such an exercise W d be futile. 375 Pack Avenue 'O Given the overall tenor of the Complaint. kf&in-Prr!in Victory 2008.For the foregoing reasons. Tobin.and John S. Esq. McCain Rita C. NY 10152-3500 Telephone: (212) 3 19-7 125 Facsimile: (21 2) 544-6755 Attorneys for Lkfindands McCain ~ ~ : E C D Q 2008.

Ct. Cty of Kings Index No.: 6500-201 1 AFFIDAVIT IN SUPPORT OF THE NOTICE OF CROSS MOTION for TRANSFER CONSOLIDATION and NEW RETURN DATE Exhibit 4 .Strunkv. N Y S Sup. NYSBOE et al.

June 3. O'IbWE. . BOEHNEQTHE NEW YORK STATE REPUBLICAN STATE COh4MITTEE7 THE NEW YORK STATE COMMITIEE OF THE INDEPENDENCEPARTY. AQUILA Commissioner. FR JOSEPH P. i n their afficial and Returnable Date: indiuidual capacities. attorneys for Defendants.: 6500-202 1 I ) . DEMOCRATIC STATE COMMTMEE OF THE STATE OF NEW YORR. ROGER CAtEBRO. JOSEPH R. JR.201 5 Sd. &a Steve Dubm). CO-Chair.EVELYN J. APX . PLLC. JR. FREDERICK A. PETERSON. RUTH NAOMI COLUN. PETER G. THE SOCIALIST WORKERS PARTY... P R I GEORGE SOROS.KAI-i (aklaBarry Soetro. JOHN AND JANE DOES and XYZ ENTITIES. MARX BRZEZINSIU.SUPREME CQURTOF THE STATEOF NEW YQRK COUNTY OF KINGS ------- - X CHRISTOPHER-W STRUNK. FR. DEPUTY DIRECTOR TODD Index No. PENNY S. OBAMA VICTORY FUND.J. S0EBAR. PLEASE TAKE NOTICE.GREGORY P. OBAMA FOR AMERICA. STATE COMMLTfEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE.437 . NANCY PELOSf. President Barack Obama. M C C m VICTORY 2008. Vice President Joseph R. M a B m k Hussein Obama D[. WALSH. IOHN S I D W MCCAIN III. Gasry. . ERIC S C ~THOMAS ~ P. JOHN A. S. . Commissioner. PARKES. BRZEZNSKI. JOSEPH A. JAMESA. PETERESEN. ZBIGNIEW KABTlER. CO-Chair. BLDEM. that updn the Affbatian of Thomas J. STATE C O E OF THE CONSERVATM3 PARTY OF MEW YORK STATE. ANDREW CUOMO. Plainti& NOTICE OF MOTION TO DISMISS KELLNER.DOUGLAS A. SCHWARZ. MCCM-PALIN VICTORY 2008.2 BRZEZINSKI. of Harris Beach. NEW YORK STATE BOARD OF ELECTIONS.VALEDEPUTY DIRECTOR STANELY ZALEN. IAN J.O. DINAPOLI.

answering papers.L.P. New York May 2.L.. 3 321 l(a)(8) dismissing the Plaintiffs cumplainti dated March 22.P.L. This is an election law proceeding. in the forenoon of that day.201 1. Obama for America and Obama Victory Fund. @ 321 1(a)(2). in its entirety. the undersigned will move this Court at the CouIzhouse located at 360 Adams Street.P. C. for an order pursuant to C. Kew York 1 1238 APX -- - 438 -- .20 1 1 KARlUS BEACH. Obamafor America and Ohmna VicforyFund By: The OMNI 333 EasIe OvingtonBIvd. that p w s w t to CPLR 2214(b). at \ 9 3 0 a. Jr.R. on the 3rd day of June 2011. Jr. 5 321 l(aXS). are required to be sewed upon the undersigned at least seven (7) days before the rerum date of this motion. or as soon thereafter as counsel can be heard. and upon all pleading5 and proceedings heretofore had herein.R.. Dated: Uniondale. PLLC Attorneys f o r President Barack O b m Vice President Joseph R. C.LR 4 321 l(a)(7) and C. 2011. Biden.P. PLEASE TAKE FURTHER NOTICE.Biden. dated & & y 2. if any.m. Brooklyn.R.. New York 5 1553 (516) 880-8484 TO: Christopher-Earl Stfllnk Plaint<%pro se 593 Vandabilt Avenue # 281 Brooklyn. Suite 901 Uniondale. New York.

. JOSEPH R BIDEN.. PENNY S. OBAMA VICTORY FUNDSM C C M VICTORY 2008. DEPUTY DIRECTOR TODD Index No. NANCY PELOSI. WALSH. THE SOCIALIST WORKERS PARTY. PETERSON..O.. CO-Chair.l l Y U .: 6500-2011 D.. &a Steve Durham). FREDERlCK A. OF MOTZONTO R~SMSS Commissioner. MCCAIN-PALXI4 WCTORY 2008. OBAMA FOR AMBRICA..MARK BRZEZINSRI.. DEMOCRATIC STATE COMMITTEE OF THE STATE O F NEW YORK.. .. KELLNER.VALENTDE.DINAPOLI.. BOEI-DER. SOEB(#a Barry Soetro.. STATE CUMMITEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE...* . Commissioner.J. DOUGLAS A. PRITZKER. .. JOHN A. Jlt. ROGER CALEBRO. BRZEZMSKI. PETERESEN. EVELYN J. JR. ANDREW CUOMO. LAN J..- X COUNSELORS: .PETER G. AFFIRMATTON IN SUPPORT J M S A. JOSEPH P... ZBlGNIEW IUIMIERZ BRZEZn\TSKf. S. THE NEW YORK STATE COMMTIEE OF TRE INDEPEBDENCE PARTY. ERIC SCHWEIDEMAN..STATE COMMFTTEE OF THE WORKING FMLLES PARTY OF NEW YORK STATE..SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KLNGS ---------------------------"------*----------- X CHRTSTOPHER-EARL: STRUNK..JOSEPH A. JOHN SDEW M C C m 111. DEPUTY DIRECTOR STANELY ZALEN. FR. Ca-Chair.I . JOHN AND JANE DOES and XYZ ENTITIES. FR. GEORGE SOROS. &a Barack Hussein ObamalI. in their oEcid and individual capacities. . SCHWAECZ.Y I . THE NEW YORK STATE REPUBLICAN STATE C O . O'HARE.. NEW YORK STaTEBOARI) OF ELECTIONS. RUTH NAOMI COLUN. SJ.. PARKES. Defendants.l l ..C . THOMAS P . GREGORY P.. AQUILA.

73 1. ESQ. GARKY. f am fully familiar with the facts and c i r e ~ c eof s the above ~aptioned matter. S .' Obama for America and Obama Victory Fun4 (bereinafter "Defendanfs") to dismiss the Plaintiffs complaint. a Plaintiff may not receive damages Franklin v. The President and Vice President reserve &e right to asses aIl applicable arguments if Plaintiff attempts to assert claims relating to their official capacities. Massachusetts. Moreover. See 11 C. 2011..827 (United States Supreme Court 1992) (Scalia. Fitzgerald. It is the principal campaign wmmittee of President Obama and Vice President Biden. capacities&(Plaintiffs complaint at 20.R. Exhibit complaint naming the President and Vice President in their official capacities would-raise fundamental questions about this court's jurisdiction. . Biden. 3 102.THOMAS J. President B m k Obama. Vice Presideat &den. 3.17. an attorney duly admitted to practice law before h e Courts of the State of New York and a M e r w i t h the law firm of Harris Beach. PRELLlWNARY STATEMENT 2. Obama Victory Fund is a joint fundraising cormnittee formed by Obama for America and the Democratic National Committee in connection with the 2008 presidential election. Said familiarity is based upon a review ofthe files maintained by my office. Obarna for America and Obarna Victory Fund. 749 (United States Supreme Court 1982). President Obama. &g 2 U. affirms the fodowing to be trite mder penal9 of pejurj!: I.S.788.. and not in their official. 505 U . Vice President Joseph R. (hereinafter "complaint") in its entirety.S. dated March 22. concurring in part and concurring in judgment). This afkmtion is submitted in support of the motion by Defendrints. or an injunction against the President when acting in an oRcial capacity. the attorneys for the Defendants. Election Commission.C. I. It is also registered with the Federal The complaint appears to only name President Obama and Vice President Biden in their A individual. 4 3 1 ( 5 ) . PLLC. "m. 457 U.23.F. Nixon v.. Obama for America is a federal plitical committee registered with the Federal Election Commission. h.

) denial of equal protection.) breach of fiduciary 2. this C o w lkks subject matter jurisdiction over the case. (Fourth cause of action in Phintiff s complaint. is prohibited from holding the office of President of the United States (herelnaffer "President") and can not be placed on the electoral ballot for t b 2512 presidential 5. and 7. Vice President Biden. County of Kings. The Plaintiff asserted a myriad of allegations that appear to interpose the foilowing causes of action: 1.4. 4. or Obama Victory Fund Plaintiff does wt raise this cause of action against X'resident Obama. Exhibit "A. Exhibit "'A. Hawaii. Exhibit "A. Annexed hereto as Exhibit "A" is a copy of E%htiff s complaint. 3.) interference w i t h the elective franchise. even taking them as true for purposes of this Motion. P l a W s d o n is frivolous. 6. Obama for America. or Obama Victory Fund. the Plaintiff filed his complaint with the Supreme Court.) fraud. and the Court lacks personal jurisdiction over the Defendants.challenge The quaIifications of the President.") President Ohma has publicly produced a certified copy ofa birth certificate showing that he was born on August 4. P l a i M has s l e d to state a claim utpon which relief can be g r a n ~ . (Plaintips Complaint at T( 41. in Honolulu. 0 x 1or about March 22. John McCain and Roger Calero.Plaintiff has failed to plead fia& with particularity. Tbe Plaintiff seeks. Plaintiffs suit must be dismissed immediately. Vice President Biden.201 1.) interference with fhe republican fonn of gove~nment. 1961. PROCEDURAL RISTORY 6. Obama far America. Plaintiff is collaterally estopped f h m bringing this action. Plaintiffs allegations about President Obama are patently however.") . This Court can take judicial notice of this-fact. an order h m this Court finding that President Obama is a not a nah& born citizen of the United States. Plaintiff lacks standing to." (First cause of action in Plaintiffs complaint.~ 5. inter alia.) mjust enrichment.) denial of substantive due process.") He does not appear to raise this cause of action against President Obama. Plaintiff also seeks to have the court adjudicate the citizenship of two other candidates in the 2508 presidential election. Plaintiff on$ raises this cause of action as to the "Public Officer Defendants.

N. 2010) and 2011 U. Mar. No. 2d 112 (D. No. S a n k v.Y. Apr.D. 02-CV-6465 (E.Y. Sup. IO. Patterson.S. ACORN v. The PlaintiR is m stranger to litigation in New York a n d the District of Columbia. 2097) (dismissing SttunkYs cmpiaint as fkivolous and denying him intervenor status fbr purposes of appeal). No.N. 07-CV-1171 (E. New York State Board of Elections et d. are copies of tbe complaints in Strunk v. 20.Obma.Y. 8). 3. New Yo& W e Bd. No. United States of America et al. dated March 14. No. et a l .D. The Plaintiff has previously commenced similar actions in the New York State Supreme Court. Jan. 693 F.2008. 08-CV-1744 (E. P. respectively.N.Y. Annexed hereto as Exhibits "Dn and "E". No. No. 09-CV-4888 (E. APX .C. 08-CV-4289 (E.D.~ Strunk v. Dist. Sup. 27. of Housin~ & UrbanDevYt. 3. St'runk v. D . 201 1 and Sin& v.D.Ap. dated October 28. Torres v. 3008). Qgg Partv of NEW York State v.200Q (denying motion to intervene as fkivolous since Sf.N.No. County of Kings and the United States District Court for the Eastern District of New York. R. respectively. Sup. 2008).D.N. No.runk was not interested partyh Thomas v. Strunk v. respectively. 2010) {denying Stntnk's motion to intervene).2001) (sua sponte dismissing claims for failure to comply with Fed.D.7. 14.Y. No.Y. 08-CV-4289 (E. 2.2010). C t 20081. Y . Y .D. Supp.N. et al. 8.2008) and Strunb.Y. et al.442 .D.The allegations contained in said amended complaint are almost identical to the causes of action set forth in the instant proceeding. Oct. New York State Bd. Apr. New York State B o d of Bectiofls. Of Eiec. are copies of the orders in Stmnk v.2003).D. 2001) (dismissing S motions as fi-ivolous and ultimately dismissed the complaint as void of merit). Of Elec. 04-GV-1129 ( E . Both actions were dismissed. 29642108 (3I. No. The Plaintiff has previously commenced approximateiy ten (10) legal actions based upon similar c~aims in coutts i n the above refmeneed jurisdieti~ns.2008). The instant action w a s commenced eight (8) days after this Court denied Plaintiffs motion to reargue his request to file an amended complaint in Strunlc v. 30. No. Apr.Y. May 29. 2008).D. Ct. Federal Reserve Bank. CIA.. Taitz v. 99-CV-2168 (ED. Annexed hereto as Exhibits KB" and "C". 18. United States Postal Service.N. C t .N. 2%21108 (N.C. Paflerson. Ciu.Y.201 I). Strunk v. 99-CV-6840 ( E . et & No+29642108 (N. N .Mar. LEXfS 24978 (D.Y Apr. 2 0 U 8 ) . N . No. 10-CV-00151@. United States Dept of State.C. 9. United t r u n k ' s States House of Revresentatives.Y. Patterson. 08-CV-1196 @.v. D .. Debt.

2d 532.2d i i 532. 2312 (United States Supreme Court 1997). The Societv o f the Plastics Industrv.Zd 82 (2nd Dep't.Y.. 2006).S.Y.730 N-YS. 19%). Noveilo.Y.117 SCt.Y.Y.2d 55 (2nd Dep't. New Yerk State Association of Nwse Anesthetists v.S.. Rudder v. Standing requires a court to determine if the person seeking relief is the proper party to request adjudication.2d 778 (Court o f Appeals 1991).1. The Societv of the Plastics M W . 77 N.Y.S.Y.825 N.S. count^ of Sdolk. C O Wof Suffolk.246 A.2d653 (3rd Dep't.3d 176.S.S. 2 N. Silver v.2d 778 (Court of Appeals 1991).2d 482 (Ca& of Appeals 2001).Y. 2009).2d 183. .Y2d 761.S. Raines v. m. 70 A.3d 203.570 N. 77 N.S.P o r n1 TRE PLAINTIFF LACKS STANDING TO ASSERT TEFE CAUSES OF ACTION IN THE COMPLAINT 10. det&ed As this Court is we11 aware.891 N. 570 N. County Legislature of C m t v of SuffoIk. P a m .D. Catxer v.2d 482 (Court of Appeals 2001).3d 207.D. Im. 77 N.2d 482 (Court of Appeals 2001). %1. b e Plaintiff cornmeneed this action as a citizen of the United Stares and a voter in the State of New York The causes of action assxtd by the Plaintiff are general in nature and therefore available to any voter in the State of New York. 96 N.S. Inc.S.Y. Pursuant ta PJew Yatk law a plaintiff is required to establish staud'mg by demo^ an injury in fact. In the case at bar. v. Nussbaum. Silver v. 730 N. County of SutEolk. Silver v.Y. 1 1.Y.Jitigation.2d 123 (Corn of Appeals 2004).2d 761.2d 761. Pat&.730 N. 12. v.2d 778 (Court of Appeals 1931).Y.778 N. Montana v. Inc. v. 521 U.675 N.Y. The Societv of the Plastics Industrv. An injury m fact exists when the plaintBhas sustained a direct and personal injury b t is different than the injury sustained by the public at large. standing is an aspect ofjusticiability that must be at the outset of any.. 5 2 6 N. %N. 36 A. Pa*.Y.D.571)N. Byd.Y.2d 532.

Y. on the grounds that they were both "inhabitants" of Texas in violation of the Twelftb Amendment.2d 63. In Jan@ v. 183 A. courts have dismissed suits challenging the qualifications of the 2008 presidential candidates under the Natwal Born Citizen Ciause on the grounds that the Plaintiffs lacked a particularized injury.Y. Obama.C2OD8].2d 532.affd. Bush. No.730 N. 2009 WZ 2870668 (D. More recently. 2009).. Berg v.Y. 95 N. 08-2150.D. v. 122 F. Hollander v.584 N. Societv of the Piastics Industrv. Roosevdr Raceway Associates. kc. L. voters sued to chailenge the qualifications of then-Gov.).D.2d 778 (Court of Appeals 191). 14. Patald. Tex. Silver v.2d 761. 2009).3d 234. Supp.. McCain. Under New York law?a plaintiff does not have standing to adjudicate gendized grievances m o r e appropriately addressed by the representative bmnches of government. Kadish v.S. 16.2d 592 (2ud Dep't..Y.Supp. Courts have repeatedly held that a voter does not have standing t o challenge a candidate's quaiifications to be P r e s i d e n t . 2008 WL 5191864.N. Obama.S.Bush and Richard Chedey to be elected President and =ce President of the United States.2d 874. 1992).Cir. 2d 713 @. The C o u r t dismissed the case on the ground that the plaintiffs lacked standing b e w e they failed to demonstrate a specific and individualized injury from the alleged violation.3d 134 (5th 2000). 2508)). 244 F. at *1 @.Y. The case at bar is no different The crux of Plaintiffs complaint seems to be that President Obama should have been prohibited from being elected President in 2008 and csrnnot be placed on the ballot for the presidential e l d o n in 2012-The basis for Plaintiffscomplaint is APX - 444 . 570 N.C.P.D. respectively. affd wlo o w a n . 15.S. Cohen v. George W.H. County of SUE& The 77 N. 239 (3d Cir. 566 F. 586 F.58-71 @.2d 482 (Court of Appeals 2001).13.

. Exhibit "A").3d 203. Exhibit "A"). and whereas. Exhibit "fl.Y. In fact. second. without any allegation of a particularized injury. ancl (5) financial injury to taxpayers for the cost of the 2008 election (See: seventh w e of action in Plaintiff's complaint. (2) injury to Plaintiff's freedom and liberty. 17.2d 82'(2nd Dep't.D. 884 54. Exhibi? "A"). (See: Montano v. that could The injuries alleged i n the Plaintiffs complaint are no different than the injuries be alleged by the public at large. Countv Legislature of Countv of Suffo1k. (3) denial of Plaintiffs right to a republican form of government.S. (See: sixth cause of action in Plaintiffs complaint. tbe PlahtifT s e e m s to plead the foIIowing injuries: (1) injury to Plainties sovereignty. 1995). 891 N. Federal Elections Commission. (See: thitd cause of action in PlainWs complaint.N.Y.D. and sixth causes of action in Plaintiffs complaint. the PlaintifPs complaint acknowledges that his alleged injuries are generally applicable to all citizens of the State of New York: "PlajntiZ along with those similar& sitziated W e r s injury to his sovereignty as guaranteed under New York Sate Civil Rights J~ZW Chapter 6 Section 2 as a sovereig~1 citizen ~ f t A eState ofNew York thaf here gumantees the Supreme sovereipv in the people.Supp. 685 (E. (See: first cause of action in PlainWs complaint at q 60. Albanese v. Exhibit " A ' ? . 70 A. be exercised over the citizens of this st& but such as is or shaB be derivedfiom and granFed by r& people of chis state". 18. 2009). (See: second and third causes of action in Plaintiffs complaint. The Plaintiffs complaint alleges nothing more t h non-justiciable abstract and theoretical claims. As a result af the aforementioned. Exhibit "An). (4) injury to PIainWs reasonable expectation of success&l participation j n the suflkge process. 19.the unsubstantiated and baseless dtegation that President Obama is not a natural born citizen of the United States. m authority c a m ~ any pretence whatsoever. (See: Erst. and must be dismissed.

2d 482 (Court of Appeals 2001)).2d 182 (1st Dep't. a corn must accept the facts alleged as tme and determine simply whether tbose fkts fit within any cognizabte legal theory. 1974).3d 440. 59 A. 505 N.2d 527. 150 m d . CoDvright. 95 A. . Inc.P. the Plaintiff's claim that the Defendants breached a.2d 822. Obama Victory Fund. LLC. Obama for ~ m e r i d a or .D.2d 864 (2nd Dep't.Y.Y. In the case at bar. hc. 2006).Y. 759 N. LLC v.D.401 N-Y. Silver v. 1977).D.Y. Luoinski v.L. not whether the cause of action may be proven at a fume date. In determining whether a plaintiff has a cause of action. Cayurn Partners. 2003). As noted above.. LLC v.. V. 399 N. 2008 WL 781865 (W. 122 A. State Constitutional fiduciary duty is brought against the "Puiblic Q%ce Defendants. Vice President Biden.S.2d 532.S. POINT II THE PLAINTIFF HAS FAILED TO STATE A VALID CAUSE OF Aerrom 20. Kent Vi@eHousing Cornpay. _Gioburp.2d266 (3rd Dep't. it is not recognized as a cause of action under New York law. Village of Ilion.Y.Y. Leeponis. Fields v. Pursuant to New York Law.2d 268.Y. But.S.D.457 N.Blitman Construction Cow. even kf it is construed as w h .S. 1983).2d 1050. 1986).S. the Plaintiff has failed to plead any facts that fit within my cognizable legal theary. 22. 2008).S. 43 N.Y.2d 956 (4th Dep't.D.D. Ressis v. Herman.2d 817 (1st Dep't." and does not appear to be brought against President Obama.2d 347 (2nd Dep't.Y. 2 1. 305 A. 1983). Pataki. Modes v.R'3 8 3211(a](7) is whether the plaintiff presently has a cause of action.2d 731 (2nd Dep't. The Town of Orchard Park. Gu~penheimer v.Lamar Adve~tish~ af Penn.N.28 A.2d 516. New York.S. 91 A.813 N. 463 N.S.the question to be determined on a motion to dismiss under the Civil Practice Zstw and Rules ("C.730 N.2d 173.D. 96 N.Y.

345. fj 30160.L. fraud upon the electorate and unjust enrichment. Obama far America and Obama Victory Fund w e political committees. The Fourteenth Amendment of the United States Constitution only applies to state action. and viewing the complaini in the light most favorable to the Plaintiff. Metropolitan Edison Co. POZNT LII TRE PLAWIWF HAS FAILED TO COMPLYWI'I*EI C. Similarly. Nor could ha. Abditiodly. Under C. Vice President Biden.L. Obama for Ammica or the Obama Victory Fund. See Jackson v. 25. ~ ogovernmental t entities. there is no basis for this Court to allow the Plaintiffs claims against the Defendants to go forward.P.R. 24. 26. there are no cognizable legal theories to be derived from the Plaintiffs complaint to support the causes of d o n for interfe~nce 6 t helective franchise. Where a cause of action is based on fiaud in any way.S.R. The Plaintiffs failure to set forth a valid cause of action is grounds for dismissal of his complaint.P..23. But there is no state action here. A review of the Plaintiffs complaint clearly demonstrates that there are no valid causes of action asserted against President Obama.349 (1974). Based upon the above. Plaintiff is suing President Obama and Vice President Biden in their individual capacities. 419 U. Plaintiff also fails to plead any semblance of facts to support a claim that he was denied the equal protection of law o r that his substantive due process rights were violated. 3016@) AND PLEAD FRAUD WTHPAaTIcuLmm 27. the circumstapces w4~ti1~ting tbe wrong must be stated in detail The Court of Appeals has pointed out that the transactions/occumnces constituting the fiaud m u s t be set forth in suEcient detail to clearly . a Plaint8 is required to plead the eIemenfs of fraud w i t h particularity.

in v. 28. Cat& 11 1 A. Lanzi v.Y. and 70. 780 N.Y.Y.2d 690 (2nd Dept. 30. I8 A9. a t no time does the Plaintiff .2d 737 (2nd Dept 2004) plaintiffs commenced a proceeding to invalidate a petition designating a candidate in a primary election. Btamkan v.D.3d 437. 12 N. LP v. did not sufficiently Mainate the transactions involved without more information. 354 N. Plaintiffs sixth cause of action alleges " a scheme to defraud Plaintiff and those similarly situated against all defendants-" However. 1985). 47. 402 N. (3) Plaintiff justifiably relied on defendant's representations.Y. Of Levittown Union Free School Dist.Y. 2005).2d 430 (1st DepL 1974) in a stockholders' derivative action. but bought it at an unfairly low figure. (2) defendant was asware that the representation was fdse and intended to deceive the Plaintiff. Plaintiffs camplaint alleges fraud against the Defendants in paragraphs 28.additionally.D.2d 778.allegations af £bud won't satisfy $3016(b) and a party pleading budmust state all the elements of the claim.S. Seward and Kissel.2d 671.Y. As this Court is well aware. Glassman v. Nowicki.3d 787.Zd 777 (2nd Dept. Board of Educ.YFS. Landegper. Brooks. the cwrt held that the complaint therein d i d not sufficiently plead "fhe circumstances constituting the wrong. 29. and (4) the Plaintiff was injured as a result." The court found that an allegation that a corporation controlled by the prime stockholder sold machinery at an unfairly high figure..S. 44 A.S2d 147 (Court of Appeals 2009). 43.3d 553. 489 N. The c o w held that petitioners failed to plead their fcaud claims with requisite specificity to apprise the candidate ofthe diegations being made agairrst her.796 N.Y. In WaWh v.inform a defendant with respect to the incidents complained of. 10 A. Similarly.D.2d384 (Court ofAppeds 1977). LLP. It is well estabtished precedent that conclusorq.883 N.S.2d 744. the required elements for fraud are: (I) defendant made a material false representation. Eurycleia Partners. 43 N.S.

33. Adirondack Bev. 141 F. shoslld have b n apparent. and whether or not the conduct was continued when its lack of legal or factual basis was apparent.P.3d 434 (2d Cir. Conduct is frivolous if it is completely withaut merit in law or fact and cannot be supported by a reasanable argument for the extension.R 8 3016@).l[c](2007). such as when &legations are &a product of delusion or fantasy. or reversal of existing law. (See: Exhibit "A") 31. "either: (1) the factual contentions are clearly baseless. etal.. APX - 449 . time avdable for investigating the legal or factual basis of the conduct. of action for fraud entitles the Defendants to the d P o r n IV THE PLAINTIPF'S AGTIOM IS FRIVOLOUS 32. Co.L. 34.1998).D. As this Court is well aware.N. The Plaintiffs failure to properly plead a cause i s m i s s a l of Plaintiffs claim. New York-state Board of Elections. Stntnk v.New York Courts consider such factors as: the circumsfances for the action.l[4(2007). No. The court. it is undertaken to primarily delay or prolong the resolution of the l i t i g a t i o n . in an action previously commenced by the Plaintiff herein. 22 NYCRR 138-l.or hatass or malicimly injure another. 22 NYCm 130-1. held that Plaintiffs action was frivolous as it lacked an arguable basis in law. an action is eonsidered frivolous whetn. a complaint is not sui5cient to comply with the requirements set forth ih C. 2008). Livingston v. modifidon.Y.mention the requisite elements of h u d . 08-CV-4289 (E. The mere use of the word '"fraud" in. In determining whether conduct is friv~lous. nor does the Plaintiff set forth any facts under which a cause of action for fraud could be ascertained. or was broughi to the attention of counsel or the party. or (2) the elaim is based on an indisputably maitless legal theory". or it asserts material factual statements that are false. I respxtfblly submit to this Court that the instant action by the Plaintiff also lacks an arguable basis in law and fact.

Buckley v. Moreover. Bucklev v. 37. 612 (United States Supreme Corn 1976). Oregon v.Q. but there is no legal basis to the Plaintifl's unsubstantiated and baseless allegations that require P o r nV THIS COURT LACKS JURISIDICTION OVER TRE SUaTECT MATIER OF T B I S ACTION 36. the Plaintiff seeks a determination firom this Court that President Bmck Obama is not a citizen of the United States. Not only does the Plaintiff lack star~d'kig to assert the cairns in his complaint. in vialation of Article 2. 96 S. In addition to the m y r i a d of federal constitutional provisions that the Plaintiff requests this Court to review.(See: Exhibit "A"). 260 (United States Supreme C o u r t 1970).35.Ct. This court lacks jurisdiction to adjudicate such a question.S.S. 612 (United S t a t e s Supreme Court 1976).1980).Supp. United States.Ct.S. Valeo. the Plaintiff seeks an order fiom this Court determbkg that President Obama is not eligible for the Office of the President under tke fderal legislation known as the McCarran-Walter Act of 1952. CIause 5 of the Constitution ofh United States. 1 . 287 (United States Supreme Court 1934). Section 1. the United States Supreme Court has held that Congress has ultimate supervisory power over presidential and vice-presidential elections..D. 54 S.S. S p e c S d y . Burrounhs v. United States. Valeo. 534. 424 U. 290 U.Ct.Y. 112. 1. In essence. APX - 450 . Federal Eiection Commission. 91 S. Pursuant to Article 1 . Stares. 280 (S.S.36 S. Re~~blican National Committee v. 487 F. Section 4 of the Constitution of the United. 287 (LTnited States Supreme Court 1934). 400 U.Q. 290 U.534. 424 U. Congress is auihorized and empowered to regulate federal elections in the United States.N. Mitchell. 54 S. Burroughs v. Plaintiffs complaint seeks t~ challenge the qualifications of President Obama to hold the office of President.

and such objections shall be submined to the Semte for its decision. 8. 8 2. $ 15. ij: any. $15. That was "'deemed a sufficient declaration" of their election. as modified by Pub. the Resident and Vice President w e r e duly inaugurated. $15 ( a p h i s added). the then-Vice President made the'requisitedeclar~~tiw of fhe election of Bara~k Obama and Joe Biden as President and Vice President.C. No.S. the Preside& ofthe Sen& &aid callfor objecti~pu. 3 U. which uunomcemnt shall be deemed a s @ k b t declaration o f the persoas. . . When d objections so made to any vote or paper pant a State shall have been received and read the Senate shll thereupon withdraw. . The "[clomting of electoral votes in Congress" and the process for objecting to them is detailed i n3 U. submit such objectiow to the Hozrse oflepresentativesf o its decision. .S. . " 3 U. and shall state clearly and conci!sely. - On January 8. Upon such reading ofany such cerfi~eafe or p a p . 2009).S.2009. " m h e wtes having been ascevtained a d couated . the grotmithereof: arrd shall be signed by at hasr one Senator and one Member of the House of Representatives before lhe same shall E 7 e received. I376 (daily ed. ifaw.S. for their v&es to be certified and transmittedto the President of the Senate.C. 155 Cong. .C. 122 Stat.38. elected Presresrdent arrd V L k e President o f the United States. w h o receives and causes the votes to be counted befoe a joint session of Congress on January 8 . which states in relevaut pa%: 1 39. 3 U. in the absence of objections filed by members of the Seaate and House of Representatives. rhe result of the same M I be &livered to the Presidefit of the Senate. and without a r p e n t . . khich would have been resold by those bodies. in like manner. Rec. $8 9-1 1. L.S. There being no such objections.C. Every objectiao s k l f be made in writing. Jan. 110-430. It specifies that the electors shall meet on the first Monday after the second Wednesday in December. and fhe Speaker of the House o f Representatives shall. Federal l a w establishes the procedure for election of the President and Vice President and provides the exclusive mmeans for challenges to their qual'ications. who shalI t h e r e p n a m a m e tk state 4 the vote. 4846 (2008). $ 7 (20101. .C. 3 U. .

467 N.Y. Plaidy state courts have none.2d 843 (2nd Dep't. et a a l . Comfy of Kings in the action known as Strunk u. a plaintiff is precluded Born re-litigating an issue that has already been adjudicated by the courts.DZd 610. By its terms.S.441 N. including the species of objections raised by this P a t i f f . The doctrine of collated estoppel is applicable to a l l plaintiffs who attempt to re-litigate issues after they already had a fbll and fair oppormity to assert their claims. Q.Y.2d 584 (Court of Appeals 1985). &is is the exclusive means to res& OE objections to the electors' selection of a President Vice President. GZlbera v. Sup.Y.Y.2d 43 (Court of Appeals 1981). This Court lacks jurisdiction over the subject matter of the PIainWs action.S.2d955 (Court of Appeals 1%9). TNE P POINT VI m IS PRECLUDED FROM BBJNGING TfIIS ACTZON UNDER THE D o - OF COLLATERALESTOPPEL 42. Consolidat~d Edison Comanv of New Yorb. 492 N. 24 N.Y. Barbid 53 N.S. the Plaintiff seeks an order fiom fhis Court determining the eligibility and qualifications of President Obama t o be President.2d 449. the Plaintiff acknowledges that the issues in his complaint were litigated in the Svpreme Cout of the State of New Ymk. Patterson.Y. Patleison. In the case at bar. Federal c o w have no mle in this process. No. 2008 General Electi~n as cemphirted o f in the related election law ease Strunk v. 2008). 95 A. Schwartz 8.2d 65.2d 285. Public L i c s t r a t o f ofthe Bronx. K a b v. 29641108 (N. 41. Sahid v. 1983). Eli Lillv and Company.298 N.Y. In the case at bar. 43. et al. 65 N.40.Y.S. Pursuantto New Yerk law.As set forth in paragraph 2 of PlainWs wmplaint: "Thiscomplaint isfairly W e a b l e to the evenfsaid actions leading up to the P a * primaries dm'ng the 2008 election cycle for the ballot acesss o f the Presriintial ballot datesat the November 4.

P.L. Pursuant to New York law. '%mpCas& @&fed (Exhibit "A") 44. P O W VII THIS COURT LACKS PERSONAL JCfRISDICTION 45. 46. 2.2d 867. Based upon the Plaintiffs own representation that these issues were complained of i n his prior Iitigation. In New Yo&. defiveringthe summons withizi the sfate to the person tr. . C. Mmuez.Y.P.402 N. 1990).P.Y.M S Supreme Gourt in the Cowtry ofkings with b d e x No. by afiing t h e s m o l l s to the dour of either the actual place of business. 4 308.L. be served. Emoire Insurance Companv v. dwellingpiace or usual plum . § 318. 564 N.: 29682-Q8.L.L. delivering the summom within the state to apeman of t the acMI place of business. A plaintiffs failure to effectuate service of process in compliance with C. the Plaintiff is precluded from bringing this action.P. a pIaintiff is required to attain personal jurisdiction over an individual defendant by serving a summons in accordance with C.2d 78 (3rd Dept. 5 313. Thommon. . Greene v. service is eTfecWted by: 1. Under New York law service upon a nondomieibry out of the state may be effmtuated in the same manner as service performed within the state. 1978).R. person fo be served at his or herplace o by delivering the summons within ftre stare to the agentfor service ofthe person fa be served as designated under C. 61 A. 3.2d 232 (3rd Dept. 4. 168 ADZd 810.R. (See:Exhibit ' 7 3 " ) . * suitable age and discretion a dwellingplace or tcsstcdpluce of abocle ofthepetson to he semed and by either mailipfgthe summoms to th8 person to be served at his or her list Krtown residence or by miling the summom by@rst class mail to the f business.R § 308 entitles a defendant to the dismissal of the complaint.D. and this Court's order of dismissal in said prior litigation.R. and w h e service under paragraph I or 2 cannot be m d e with due diligence.S.S.

L. With respect to Obama for America and the Qbama Victory Fund.P. the Plaintiff failed to attain personal jurisdiction over the Defendants under C.L. Further. 9 308. C. and Obama Victory Fund are nut domiciled in the State of New York. as required by C. 49.P.L.P.L. . President Ubama. l%e Plaintiffs &davit of service clearly establishes that the summons and complaint was only mailed to President Obzlma and Vice President Biden. this Court cannot exercise personal jurisdiction over the defendants and the Plaintiffs complaint m u s t be dismissed in its entirety: . Therefore. Based upon the above. the Plaintiff failed to properly serve the defendants in ~ompIiance with C.R. 308. 48.R 5 308 47.L. The Plaintiff did not serve the s u m m m and complaint u p n President Obama and Vice Presidenf Biden in person.wl place of business. .R. In the case at bar.qfabode witiarin the state sfthe perm to be semd andby either mailing the smmons to suck person ut hi&or her Iusf known residence or by miling the summonsbyfirsf elms mail to theperson to be served at his UP her ac&. The Plaintiff did not mail a copy o f the summons and mmplaiut t o Obama for America and the Obama Victory Fund as required by C. 5 0 . 8 308.P. Vice President Bide&Obama for America.R.P.R. the Plaintiffs affidavit of service clearly establishes that Plaintiff only left a copy of the summons and complaint with a security guard at a building where the Democratic National Committee maintains its headquarters. 5 308.

PLLC Aftorneysfor Presidenr B m k Ohm. Dated: Uniondale. Vice President Joseph R Biden. proper and equitable.201 1 I-URFJSBEACH.. Suite 901 Uniondale. Obamafor America and O b m Vicrorv F u d By: The OMNI 333 Earls Ovington Blvd. Jr. New York 11553 (5 1 6) 880-8484 . it is respedfidly requested that this Court dismiss the Plaintiffs complaint in its entirety and grant the Defefidants such a t h e r and further relief as it deems just.WHEREFORE. New York May 2.

.

2011 NEW YORK =ATE BOARD OF ELECTIONS. NANCY PELOSI. -45500 Zofl _-----------------------"-----. Deputy Director TODD D. JOSEPH R. STATE COMMITTEE OF THE WORJSING FAMILIES PARTY OF NEW YORK STATE. PETERSEN. to serve a notice of appearance.a. S.. Barack Hussein Obama 1 1 . GREGORY P. JR. BOEHNER. PETERSON I Commissioner. JOSEPH A.John and Jane Does: PlaintifPs place for service: and XYZ Entities. MARK BRZEZINSKX. VALENTINE. R&ER CALERO. SOEBARKAH (a.SUPREME COUlRT OF THE STATE OF NEW YO= COUNTYOFKINGS Index No.in their Official and plaintifPs place for suffrage individual capacity. if the complaint is not served with this summons. GEORGE SOROS. Fr. WALSH I Co-Chair.Deputy Director STANLEY W N . THE NEW YORK STATE COMMITI'EE OF THE INDEPENDENCE PARTY.J. Barry Soetoro.----. 1 1 . judgment will be taken against you by default for the relief demanded in the complaint.281 De&tndante. AQUILA I Commissioner. STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE. JR. . OBAlMA WCTQRYFUhQMCCMN MCTORY MCC'N-PRLTN WCTORY20065. JOHN SIDNEY MCCAIN 1 THE NEW YORK STATE REPUBLICAN STATE COMMITTEE.a.JAMES A. or. BRZEZINSKI. a. ANDREW CUOMO. New York 11238 T To the above-namedDefendants: YOU ARE HEXEFtY SUMMONED to answer the supplement to the complaint in this action and to serve a copy of your answer. PARKES.. a.-----------X - Plain- Filed: Ahmh 22. THOMAS P. BIDEN.. SUMMONS PENNY S.J. Steve Dunham).: Clubtopher-Eark Strunk in ease.Ea. on the Plaintiff within 20 days after the service of this summons. The basis of venue is the DINAPOLI. and in case of your failure to appear or answer. Plaintiff designates The County of Kings a s the Place of jury trial. THE SOCLALIST WORKERS PARTY. exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York). ZBIGNIEW KAIMXERZ BRZEZINSKI. PRITZKER. O B M FOB AMERQCA.. DOUGLAS A KELLNER f &Chair.JOHN A.. ERIC SCBNEIDERNIAN. S.0.---.. Brooklyn.k. DEMOCRATIC STATE COMMI?TEE OF THE STATE OF NEW YORK. PETER G.k. 593 Vanderbilt Avenue. IANJ. SCHWARZ. RUTH NO EM^ COLON. EVELYN J. JOSEPH P. Fr. FREDERICKA. O'HARE.

New York. Brooklyn. 39 East 83rd Street.O.Dated: March 22. Fr. O'HARE. NY 12236 THE DEMOCRAT CANDIDATE PRESIDENTJAL ELECTORS . Washington. JOHN A. NY 12231-0001 FAMILIES PARTY OF NEW YORK STATE 2-4 Nevins Street Floor 3 BROOHLYN. DiNapoli (NYS Comptroller). AQUILA I Commissioner. The Capitol Albany.O. 'New York 12224 Thomas P. PARKES. New York 10028. 1011 Longworth H. J . The Capitol Albany New York 12224 Eric Schneiderman (NYS Attorney General). New York 10028. New York 11238. NY 11217 . ALBANY. New York. O f f i c e of the NYS Controller 110 State Street DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK 461 Park. N.W. WALSH l Co-Chair. N. Deputy Director STANLEY ZALEN.W. VALENTINE. KZLLNER / Co-Chair. S. JOHN SIDNEY MCCAIN I11 241 Russell Senate Office Building Washington. DC 20515-0508 NEW YORK SIA!l% BOARD OF ELECTIONS. NY 10013. Washington. District of Columbia 20500 NANCY PELOSI 235 Cannon House O f f i c e Building Washington.ws T o : Defendants as follows: FREDERICK A. NY 10016 STATE COMMIlTEE OF THE WORKING Albany. Albany. JR. EVELYN J.Avenue South New York. Washington. Deputy Director TODD D. (845) 901-6767 E-mail: chris@&. At the New York State Board of Elections 40 Steuben Street Albany-New York 12207 Andrew Cuomo (NYS Governor).J. JOSEPH ROBINE'ITE "JOE" BIDEN. JR. N Y 12210-2001 . JAMES A. DC 20510 Fr. a t the Brennan Center for Justice 161 Avenue of the Americas.2011 BrookJyn New York a@& Christopher-Earl: Strunk in esse plaintiff 593 v&derbilt Avmue R81. PETERSON / Commissioner. DOUGLAS A. District of Columbia 20500 BARACK W S S E I N OBAMA I1 a t The White House 1600 Pennsylvania Avenue. S . GREGORY P. 39 East 83rd Street. DC 20515 THE NEW YORK STATE REPUBLICAN STATE COMMITTEE 315 STATE ST. a t The White House 1600 Pennsylvania Avenue. JOSEPH A. BOEFINER. SCHWARZ. .AS A CLASS And RUTH NO EM^ COLON Department of S t a t e One Commerce Plaza 99 Washington Ave. JOSEPH P.B. 12th Floor New York.

O E M WCTORY FUND b y Andrew Tobias. #4A Bronx. NY 11209 ROGER CALERO C/O THE SOCIALIST WORKERS PARTY 1000 Grand Concourse. D. NY 10451 PETER G. NY 10106 O B M FOR AMERICA by Martin H. 20005 APX . NY 10027-6902 MARK BRZEZINSKI a t McGuire WoodsU P 2001 K Street N. 11th Floor Washington.T'OF THE CONSERVATIVE PARTY OF NEW YORK STATE By Michael Long 486 78TH STREET BROOKLYN.THE NEW YORK STATE COMMITTEE OF ' l ' l l E INDEPBN1)ENCE I'Alil'Y By Frank MacKay. Treas.C. a t Columbia University in the City of New York School of Foreign Affairs 2960 Broadway New York. NY 10451 THE SOCIALIST WORKERS PARTY 1000 Grand Concourse. Chairman PO BOX 871 Lindenhurst. 71 S.W. PO Box 8102 Chicago. D. L. Wacker Drive 47th Floor Chicago.C. Treas. 20006-1040 PENNY SUE PRITZKER a t Pritzker Realty Group. 430 South Capitol Street SE Washington DC 20003 MCCMN V7CTORY2008 228 S WASHINGTON ST STE 115 ALEXANDRW VA 22314 MCCRTN-PALIN VICTORY2008 & The New York Finance Committee Road to Yictory Tour 228 S WASHINGTON ST STE 115 ALEXANDRIA. NY 11757 STATE C0MMXT"I. NY 10065-5953 ZBIGNIEW KAlMlERZ BRZEZINSKI. BRZEZINSKI a t The Atlantic CounciIHeadquarters 1101 15th Street. IL 60606 GEORGE SOROS a t Soros Management 888 7th Avenue Suite 3300 New York. PETERSEN At the Council on Foreign Relations 58 East 68th Street New York. VA 22314 IAN J. NW. IL 60680. Suite 400 Washington. #4A Bronx. Nesbitt.L.C.459 .

2008 General Election inter alia equity relief and damages caused by a n ongoing schemk to defraud with CPLR § 213 Actions to be commenced within siu years.k. Barxy Soetoro. Barack Hussein Obama 11. SCHWARZ.. M C C ' N WCTORY 2008 M C C Q T N . JOHN SIDNEY MCCAIN 111. Fr. THOMAS P. their M c i a l and individual capacity. a s and for the Complaint filed with jurisdiction of New York State Election Law Article 516-100 over Article 12 related to the November 4. BOEHNER. THE S0CLAI. DOUGLAS A. a. THE NEW YORK STATE REPTJBLICAN STATE COMMITI'EE. JOSEPH A. Deputy Director TODD D.2011 NEW YO= STATE BOARD OF ELECI'IONS.IST WORKERS PARTY. KEUNER I Co-Chair.a.. O B M FOR AMERICA.BRZEZINSKT. GEORGE SOROS. STATE COMMITTEE OF THE CONSERVATIVE PARTY OF NEW YORK STATE. i n esse %b5a-ZO]~ V E m D COMPLAINT PlaintifZ Filed: March 22. JR.SUPREME COURT OF THE STATE OF NEW YO= COUNTY OF KINGS NO-: --------------------------------------. a. &JOSEPH P. ZBIGNIEW KAIMIERZ BRZEZINSKI.John and Jane Does.-------x Chistopher-Earl:Strunk. and XYZ Entities.P ! WCTORY2008. x Plaint= Christopher-Earl: Strunk in esse. JOSEPH R.k. MARK BRZEZINSKI. R&ER CALERO. ERIC SCHNEIDERMAN. ( 3 ~ ---_-L---"I--I-I---__--C----------------------------------*---------------------w Defendants. Steve Dunham).. WMSH I Co-Chair. ANDREW CUOMO. THE NEW YORK STATE COMMITTEE OF THE IND~PENDENCE PARTY. JR. DINAPOLI. DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW Y O W STATE COMMTIVXE OF TI-IE WORKING FAMlLIES PARTY OF NEW YORK STATE.. PETERSON I Commissioner. AQUILA I Commissioner. IANJ..a. VALENTINE. NANCY PELOSI.J. BIDEN. JAMES A. S.J. PETER G. FREDERICK RO. S. respectfully allege of Defendants a s follows: Verified Complaint Page 1of 45 . Deputy Director STANLEY %%EN. @HARE. EVELYN J. JOHN A. PETERSEN. GREGORY P. PENNY S. PARKES. O M W C T O R Y P U . SOEBARKAH (aka. upon information and belief and a t a l l times hereinafter mexitioned. RUTH NOEW C O L ~ Nin . PRITW%R. .

and whose principal place for service is located a t 593 Vanderbilt Avenue #281. John M. is a natural born Citizen resident in New York who was and is a qualified voter registered to vote in the 2008 election cycle and participate in the November 4.FIRST CAUSE OF ACTION (Breach of State Constitutional fiduciary duty as against all Public Officer Defendants) 1. 3.461 . 5 . PETERSON 1 Commissioner. and 4. Defendant EVELYN J. Defendant NYS BOE and its agents have authority over their agents at the local boards of election both for ballot access and the certification of the Presidential Elector Candidates slates and committees for the names Barack Hussein Obama (BHO. VALENTINE. 2008 General Election in the State of New York. 2008 General Election as complained of in the related election law case Strunk v. SOEBARKAH). Schmidt of Part 1as an election law matter. McCain I11 (McCain) and Roger Calero (Calero) hereinafter known as "Defendant Presidential Candidate(s)" with the November 4 2008 General Election results published. in esse ("Plaintiff' or "voter").: 2964208 before the Honorable Justice David I. (Defendant NYS BOE) with four commissioners two appointed from each major state party Defendant JAMES A. Paterson et al. WALSH 1 Co-Chair. That this complaint is fairly traceable to the events and actions leading up to the Party primaries during the 2008 election cycle for the ballot access of the Presidential slates at the November 4. New York 11238.Plaintiff Christopher-Earl: Strunk. Defendant GREGORY P. Defendant DOUGLAS A. NY 12207. NYS Supreme Court in the County Kings with Index No.--- . Based upon information and belief the Presidential Elector Candidate Defendants as a Verified Complaint Page 2 of 45 APX - . 2.---. Brooklyn. Deputy Director Defendant STANLEY ZALEN. and two deputy directors of elections Deputy Director Defendant TODD D. AQUILA 1 Commissioner. are all located at the New York State Board of Elections 40 Steuben Street Albany. That Defendant NEW YORK STATE BOARD OF ELECTIONS. KELLNER 1 Co-Chair.

class represented by Andrew Cuomo having replaced David Paterson a s Governor on the Democratic side and Republican Majority leader Dean Skelos representing the McCain Electors with notice to then secretary of state L O W E A CORTEZ-VA!ZQUEZ appointed by Governor Paterson and Spitzer. That the Secretary of State and Attorney General Eric Schneiderman are responsible for the enforcement of NYS Civil Rights Law Chapter 6 Article 5-A Sections 53 through 57 Membership Corporationsand UnincozporatedAssociations. New York 12224. 7.. now replaced by RUTH NO EM^ C O L ~ N New York State Acting Secretary of State. NY 12231-0001). The Defendants NYS BOE their agents John and Jane Does and with due notice LORRAINE A. that according to the Help America to VoteAct of 2002 (HAVA) section 213 (a) (1) (A) are in their Official capacity are both Federal and State officers who serve as a n unpaid employee of the United States Election Assistance Commission (EAC). 8. CORTEZ-VAZQUEZrepresent the class of 2008 presidential electors and their agents having misapplied and mis-administered their public officer fiduciary duties under NYS BOE regulation by failure to obtain and ascertain proof that each Defendant Verified Complaint Page 3 of 45 APX - 462 __ . and represent the Class of the Calero Electors along with those of the Cuomo and Skelos classes. was duly elected a t the 2010 General Election replaced Andrew Cuomo then Attorney General during the 2008 Election cycle. RUTH NO EM^ COLON is located a t the Department of State One Commerce Plaza 99 Washington Ave. 6. which is not done in regards to the exclusive membership of Jesuits having an exclusive constitution and oath of induction within the New York Province for the Society of Jesus. Albany. and that the Governor Cuomo appointee. Defendant ERIC SCHNEIDEXMAN is sued in his capacity of Attorney General of New York state and individually with place of business located a t The Office of the Attorney General The Capitol Albany.

regulations and the United States Constitution Article 2 Section 1Clause 5: "NoPerson except a natural born Citizen. Defendant Presidential Candidates. There has never legally been a n ArticIe 11 Executive who is a citizen of a foreign nation and or has dual allegiance with a foreign nation. 13.ble to that Office who shallnot have attained to the Age of th&ty five Years. That the Supreme Court of the United State opinion in McCreerv's Lessee v Somerville 22 US 354 (1824) explains the difference between a Natural-born andhrativeborn U. Constitution Article I1 Section 1 Clause 5 must be a Natural-born citizen to be eligible." 9. or a Citizen of the United States. at the time of the Adoption of this Constitution. Citizen a s is to be applied with U.S. Those Defendant BOE and Presidential Electors having been duly served prior to Velified Complaint Page 4 of 45 . 14. various Defendant Campaign Committees and their agents have not presented a certified copy of the 'long-form" birth certificate of the Defendant Presidential Candidates for ballot access to the New York November 4. shaV be eligrr'ble to the Office ofPresident. and been fourteen Years a Resident within the Um'ted States.Presidential Candidate is a natural-born Citizen (NBC). Based upon information and belief the State Defendants. Constitution Article 2 Section 1Clause 5. 15. coup-d-tat and trespass upon the sovereign citizen of New York a taking as of right under the l o t h Amendment become the basis for New York state and its People to secede from the Union until such time the Union were made whole and laws enforced again. 11. 12. That based upon information and belief the NYS BOE has not maintained the consistency of Presidential Candidate Certificate documents used for ballot access by maladministration of the law and regulations. naturalized citizen or a non-citizen a s it is against the mandate of the U. There has never legally been a n Article I1 Executive who has ever been a native born. 10. That were the executive to be occupied by a foreign citizen would constitute an invasion. 2008 General Election 1 2008 election cycle.S.S. that otherwise is contrary to State Law. neither shallany Person be eLigrr.

and intend to repeat the outrageous injury in 2012. That Defendant JOSEPH ROBINETTE "JOE" BIDEN. 20.S. That Defendant NYS BOE and its agents certified the Elector Defendants for each Defendant Presidential Candidate to be on the ballot a t the November 4. Joe Biden) individually as a Jesuit Coadjutor member of the Council on Foreign Relations and a papal knight with place of business located a t his Office: c/o the White House 1600 Pennsylvania Avenue NW Washington. are ultra vires. Those Officer Defendants and the NYS BOE have not fulfilled the due diligence necessary to protect the voter(s) during the 2008 election cycle. That under the New York State Constitution the State of New York Legislature has a winner take all system of Electoral College with 31 votes for selection of President and Vice President based upon 29 House seats and two (2) U. was the Vice Presidential Candidate on the ballot in the New York 2008 Election cycle and intends ballot status in the 2012 cycle.2008 General Election for the preference election of the New York Electoral College. 202-456-1111. Colon. 19. are individually liable.a. 18. That Defendant NYS BOE and its agents and Officer Defendants Cuomo. DiNapoIi.S. Constitution Article I1 Section 1Clause 5 and New York State ballot access eligibility requirements for prospective candidates for POTUS ballot access a t the 2012 election cycle.the general election knew they have a duty to prevent any person who is not a natural born citizen from ballot access in the state of New York when running for President and or Vice President and have maliciously acted contrary to their fiduciary duty. 17. Senators a t large during the 2008 election cycle and will be 29 votes for the 2012 election cycle. Schneiderman do not intend to enforce the requirements of the U.k. Obama had Verified Complaint Page 5 of 45 APX - 464 . 21. (a. 16. JR. DC 20500. Since shortly following Biden's withdrawal from the presidential race.

2008. Other observers pointed out Biden's appeal to middle class and blue-collar voters. and the two hit i t off well personally.2008.k. Joe Biden has received honorary degrees from the University of Scranton (1976). although he was not actively seeking a spot on the ticket.and his other alma mater Syracuse University (2009).a.Emerson College (2003).k. Syracuse University. Biden confirmed that. interview on NBC's Meet the Press.k. In early August. but subsequently changed his mind. Obama and Biden met in secret to discuss a possible vice-presidential relationship. Defendant Biden knew that Soebarkah is not eligible to run for president because he is not a Natural-Born Citizen mlth a British Subject Father with a student visa. That Defendant SOEBARKAH (a. 23.S a o l k University Law School (2005). Barack Hussein Obama 111. On August 22. Barack Obama announced that Biden would be his running mate. In 2005. Defendant Democrat Presidential Candidate) individually under the name Barack Hussein Obama is located in care of c/o The White House 1600 1. his alma mater the University of Delaware (2004). fearing the vice presidency would represent a loss in status and voice from his senate position. Saint Joseph's University (1981). In a June 22.a Barry Soetoro. he received the George Arents Pioneer Medal-Sj~acuse's highest alumni award-"for excellence in public affairs.a.Widener University School of Law (2000). a s a Jesuit coadjutor for their "Social Justice" doctrine as well as his willingness to aggressively challenge Republican nominee John McCain in a way that Obama seemed uncomfortable doing a t times. and received the Chancellor Medal from his alma mater.been privately telling Biden that he was interested in finding a n important place for him in a possible Obama administration. however in furtherance of CFR foreign policy initiatives in the mid-east supported Soebarkah as a Muslim. a. Birdie Dunham. The New York E k e s reported that the strategy behind the choice reflected a desire to fill out the ticket with someone who has foreign policy and national security experienc-and not to help the ticket win a swing state or to emphasize Obama's "change" message. he would accept the vice presidential nomination if offered. a. 22." ' Verified Complaint Page 6 of 45 . Biden declined Obarna's first request to vet him for the vice presidential slot. in 1980.

his sons Mark and Ian.. author of the 14th Amendment.O. SOEBARKAH is a Madrasah trained radical Sunni Muslim by birth right according to the Koran through his father Barack Hussein Obama Sr. Brennan Center Executive Frederick A. was a Presidential Candidate on the ballot in the New York 2008 Election cycle and intends ballot status in the 2012 cycle. Penny S... Washington. and is devoted to King Saud of Saudi Arabia who based upon information paid for the Columbia and Harvard university expenses with the full knowledge and blessing of Defendants: Peter G. Defendant Soebarkah practices Al takia or the Islamist art of fooling the enemy and professes to be a Christian when in fact a Muslim is a liar by training .. in the language ofyour Constitution itseg a natural-bora citizen. Penny S.W. 24.never to be trusted. 26. 27. Pritzker. his sons Mark and Ian. Defendant SOEBARKAH admits his natural father a t the time of his birth is a citizen of the United Kingdom and as the British Nationality Act of 1948 governs dual citizenship a t birth. Parkes. Schwarz. pg 1291 (March 9. Jr. Jesuits Fathers: Joseph P. Petersen. and that by training and practice admitted during the speech to the Muslim Brotherhood in Cairo in 2009 . Parkes. Nancy Pelosi.. Schwarz. District of Columbia 20500. N. Soebarkah has dual allegiance at best by his own admission is not a Natural-born citizen with the full knowledge and blessing of Defendants: Peter G. 1866) stated: ". @Hare. Joseph P. Nancy Pelosi. Boehner. Pritzker. George Soros. Zbigniew Brzezinski. Boehner. Petersen. and others. John A. (a Sunni Muslim). Richard Durbin and others." Verified Complaint Page 7 of 45 . John Sidney McCain 111. Hillary Clinton. 1st Sess. 25. Breman Center Executive Frederick A. Jr. 39th. John Sidney McCain 111. Zbigniew Brzezinski. O'Hare. every human being born within thejuns&ction of the United Skates ofparents not owing allegiance to any foreign sovereignty is. John Bingham. Joseph P.SOEBARKAH practices Shariah law. John A.O. Congressional Globe.Pennsylvania Avenue. George Soros. Jesuits Fathers: Joseph P. That Rep.

from which he graduated in 1882. He was soon sent home to China as his brother was becoming &aid that Sun Yat-sen was about to embrace Christianity. which in Hawaii per se is issued for all birth's registered by the State of Hawaii whether the human being is born there or not.28. he befriended Tong Phong. While a t Iolani. mathematics and science. Xiangshan (later Zhongshan) county. in 1900 and 1901. That Defendant SOEBARKAH and or his agent(s) a s part of the scheme to de£raud placed a n image of a Hawaiian Certification of Live Birth (COLB) on the Internet.American Bank. the same private school where BHO was educated) for further studies for one semester. 1961 in Honolulu Oahu Verified Complaint Page 8 of 45 APX - 467 - --- - . In March 1904. but he returned to Hawaii a t least twice. Sun Mei. stating he was born on November 24. Guangzhou prefecture. Guangdong province (26 km or 16 miles north of Macau). After attending Iolani School. only a longform document would. Sun went to live with his elder brother. and as a prima facia fact means the Hawaii issued COLB does not prove "natural born" citizenship or birth in Hawaii. At age thirteen. Maui. he obtained a Certificate of live Hawaiian Birth. OriginaIly unable to speak the English language.1870 in Kula. and for instance Sun Yat-sen was born on 12 November 1866 to a Hakka family in the village of Cuiheng. in the Empire of the Great Qing of China. who was fifteen years Sun Yat-sen senior. which he did. Sun Yat-sen studied at the Iolani School where he learned English. Sun Yat-sen picked up the language so quickly that he received a prize for outstanding achievement from King David K a l a a u a . 29. Sun Mei. in Honolulu. historically it issued a COLB certlfylng that the named person was born alive no matter where that may have been a s evidenced by the COLB. Whether Hawaii was a territory or a state. had immigrated to the Hawaiian Islands a s a laborer and had become a prosperous merchant. issued by the Territory of Hawaii. and just as the BHO HI COLB alleges he also was alive a t birth on August 4. Sun enrolled in Oahu College (now Punahou School. who later founded the First Chinese.

without challenge a t the time of the March 20. citizenship when his mother married an Indonesian citizen and became a naturalized citizen of Indonesia and in that Indonesia does not recognize dual citizenship. a s a treaty matter between Britain and the USA. That Defendant SOEBARKAH is also not eligible for the Office of the President because with the McCarran-Walter Act of 1952 as the controlling legal authority for the birth of BHO. an Indonesian colonel in General Suharto's Armed Forces who had married Stanley Ann Obama.S. Constitution Article 158 Clause 4. That Defendant SOEBARKAH a t six years of age used the name given upon his adoption by Lolo S. and especially when the transmission of British citizenship to BHO a t birth no matter where the location is proves a dual citizen at birth.S.S. and 33.just like Sun was born on November 24. a British subject with dual citizenship and multi-allegiances a t best that by the 1952 McCarran-Walter Act. 1870 in Kula. and that BHQ dual allegiance and dual citizenship a t birth alone is more than sufficient to prove BHO ineligible. and because Defendant SOEBARKAH did not take an Verified Complaint Page 9 of 46 APX - 468 . A COLB issued to those who are "naturalized" in Hawaii is of questionable legal issue contrary to U. 31. Article I 59 Clause 1. Defendant SOEBARKAH lost his U. 32. 30.S. therefore BHO Jr.2010 by the U. Article 1510 Clause 1. 1964 divorce decree makes BHO Jr. Maui. is not a Natural Born Citizen.and a s a matter of first impression conflicts with thefullf&th and credit clause. Passport of Stanley Ann Soetoro as released to Plaintiff on July 29. and that with the admission against interest of both Stanley Ann Dunham Obama and Barack Hussein Obama Sr. and a s an Indonesian Citizen from six years of age SOEBARKAH is presumed to have an Indonesian passport after removal from the U. Soetoro Mangunharjo. Further. The HI law as used remains the same in meaning and intent. Department of State. in a marriage in Hawaii entered after conception. in which both parents attribute Paternity to BHO Sr.

at best has multiple citizenship status with allegiances to Indonesia.C. Address 235 Cannon House Office Building Washington. Naturalized citizenship / British Citizen status. and then obtained school financing as a foreign exchange student in Hawaii and again a t Occidental College in Los Angeles as done a t Columbia and Harvard. and as chair failed to a&m for the Democratic National Committee and DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK (NYDP) the eligibility of BHO for ballot access in the State of New York November 4. and 34. however is not a natural-born citizen of the United States and according to the public record is not even a citizen of the United States.2008. D. Kenya perhaps. and therefore.S. "Democrat Party Elector Defendants") as a class of elector candidates Defendants certified with the New York State Board of Elections and related local entities under New York state Election Law (EL) on or about September 24. That on August 28.2008 Defendant.2008 General Election using the terms that "the foVowi!w were duivnominated as candidates of said Partv for President and Vice Ifresident of the Um'tedStates respectivelx" and nowhere Verified Complaint Page 10 of 45 APX - 469 .oath of allegiance to the USA when reaching the proper age while resident in the USA retains Indonesian Citizenship having renounced his previous US. he failed to take an oath of allegiance when SOEBARKAH turned 18 years old to regain his U. that had SOEBARKAH followed up with his resident status after 1971 while living with his Grandmother in Hawaii to become naturalized. ineligible for the presidency with NBC Clause as mandated by the Defendant NYS BOE. Great Britain. The Defendant class of the New York State Democratic Party Committee Candidates for Presidential Electoral College &om the State of New York for Presidential Candidate Barack Hussein Obama and Vice Presidential Candidate Joseph Biden ("Democrat Party Elector Candidates". Plaintiff furthermore alleges. and 35. 36. DC 20515-0508. citizenship status. NANCY BELOSI individually with her place of business located a t Washington.

Stuart Applebaum. Bethaida Gonzalez. George Gresham. William Thompson. Maritza Davila. Inez Dickens. Jon Cooper. Foster. Malcom Smith. Hakeem JefKes. Richard Fife. Bolz.2008. DiNapoli. O'Neill. Robert Master. 111. Master Presiding Officer affirmed the alleged eligibility of BHO and the electors for ballot access in the State of New York November 4. 2008 General Election differently than done for any other state or territory including New York using the terms that "thefollowin candidates fir President and Vice President of the United States are legally gudifed to serve under the ~ r o v i s i nof s the United States Constitution" as certified for the Hawaii Secretary of State. Maria Luna. nominate the folowing WorkingFamilies Party candidates for oEce at the General election to be held November 4. Terrence Yang. Deborah A. Pamela Green-Perkins. David A. Helen D. George Arthur. Barbara Fiala. 40. Suzy Ballantyne. Christine Quinn. Dennis Mehiel. Thomas P. 2008 General Election using the terms that "bymajority vote of the members present. voting by weighted ballot. Frank A. Slott. Defendant STATE COMMITTEE OF THE WORKING FAMILIES PARTY OF NEW YORK STATE (NYWFP) by Robert P. Andrew Cuomo.2008" nowhere affxms the Constitutional eligibility of BHO.affirms that the candidates are eligible as required by the NYS BOE as shown a t its website provisions citing Article I1 Section 1Clause 5 in any