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Kenneth L Allen 10055 E Gray Hawk Dr Tucson Arizona 85730

520-514-9704

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kenandbetseyallen@msn.com in Proper Person Superior Court for the Court of Arizona

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Pima County
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Kenneth Allen
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Plaintiff,
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vs.
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Democratic Party; Barack Obama; Brad R Nelson; et.al.

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--------------------------YOU ARE HEREBY SUMMONSED,and

Defendant's

) Case No.: ) ) SUMMONS ) ) ) ) ) Richard ) )

C20121046

E. Gor-don

required to serve upon Kenneth Allen,

appearing in proper person, with an address of 10055 E Gray Hawk Dr, Tucson Arizona 85730 an answer to the complaint pursuant to ARS 16-351 (B) and Article" section I of the US

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Constitution which is served on you with this summons, within 30 days after service of the summons or 60 days for the Government, exclusive of the day of service. If you fail to do so, judgment by default will be served against you, for relief demanded in the complaint, any action

for the county of Pima in Tucson Arizona.

Clerk for the Superior Court

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Defendants copies served to: Brad R Nelson, Pima county Elections 6550 S. Country Club Rd. Tucson, Arizona 85756 On Behalf of Barack H Obama US Attorneys Office/Civil Division process clerk 405 W Congress Street, 8te. 4800 Tucson Arizona 85701-5040

Luis Heredia, E~ecjJ)iv~t9ir~«tQf~ 2910 N Central Ave. ", ... Democratic Headquarters Phoenix Arizona 85012

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NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS

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To: Sarack H Obama, Arizona Executive Director Luis Heredia of the democratic party and Brad

R Nelson, pima county elections director.
A lawsuit has been commenced against you (or entity whose behalf you are addressed) a copy of the complaint is attached to this notice. It has been filed in the Superior Court for Pima county Arizona, Tucson, Arizona and has a Docket No.C

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It is my request that you sign and return the attached waiver in order to save the costs of serving you with a judicial summons and an additional copy of the complaint. The cost of servic will be avoided if I,receive a signed copy of the waiver 30 days after the date designated below as the date that the notice and request was sent, or 30 days from receipt. If you comply with this request and sign the waiver, it will be filed with the court and no further summons will be needed, then this action will proceed as if you had been served on the date the waiver was filed, except that you will not be obligated to answer the complaint before 30 days from the date designated below.

Dated this

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I Kenneth Allen, hereby affirm that this request has been sent to you on behalf of the Plaintiff.

Kenneth Allen, in proper person 10055 E Gray Hawk Dr Tucson, Arizona

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WAIVER OF SERVICE OF SUMMONS To: Kenneth Allen, in proper person. I, , acknowledge receipt of your request,

That I waive service of summons in the action of Kenneth Allen v. Barack Obama. No. _ Docket No. Arizona Superior Court in Pima County110 W. Congress St., Tucson, AZ.. 85701 (520) 740-4200, TDD (520) 740-8887 I have received a copy of the complaint in the action, two copies of this instrument, and a means by which I can return the signed waiver to you without cost to me. I agree to save cost of service of a summons and an additional copy of the complaint by not requiring that I be served with judicial process in a manner provided by Rule 4. I (or entity on whose behalf I am acting) will retain all defenses and objections to the lawsuit or to the Jurisdiction and Venue of the court, except for objections based on a defect in the summons or in service of the summons.

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I understand that a judgment may be entered against me if an answer or motion under rule 12 is not served upon you within 30 days after _

(date)

(signature)

Print or type name:

..

_

As: _____________ (title)

Of
(Corporate defendant)

__

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Duty to Avoid Unnecessary Costs of Service of Summons

Rule 4 of the Federal Rules of Civil Procedure requires certain parties to cooperate in saving unnecessary costs of service of summons and complaint. A defendant located in the U.

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S. who after being notified of an action and asked by the plaintiff located in the U.S. to waive service of summons, and fails to do so will be required to bear the costs of such service unless good cause be shown for its failure to sign and return the waiver. A defendant who waives service must within the time specified on the waiver form serve on plaintiff a response to the complaint and must also file a signed copy of the response with the court. If the answer or motion is not served within this time, a default judgment may be taken against the defendants. By waiving service, the defendant is allowed more time to answer than if the summons had be actually served when the request for waiver of service was received.

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Request for reasonable accommodations

for persons with disabilities

must be made to

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office of Judge assigned to the case at least (5) days before your scheduled court date.

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All documents to be filed in Arizona Superior Court in Pima County110 W. Congress St., Tucson, AZ 85701 (520) 740-4200, TOO (520) 740-8887

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...

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Kenneth L Allen 10055 E Gray Hawk Dr Tucson Arizona 85730 520-514-9704 kenandbetseyallen@msn.com in Proper Person

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Superior Court for the Court of Arizona
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Pima County
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Kenneth Allen
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)
)

Case No.:

C20121048

Plaintiff,
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vs. Democratic Party; Barack Obama; Brad R Nelson; et.al. Defendant's ----------------------------------

) Notice of Withdrawal of Compulsory ) Arbitration ) )
)

) ) )

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Arizona Statutes (ARS § 12-133) and Arizona Rules of Civil Procedure (ARCP 72-77) provide that in civil cases where the amount in controversy (excluding attorney's fees, interest, and costs) does not exceed a certain amount, the case must be referred to Compulsory Arbitration. In Pima County the jurisdictional limit is $50,000.00. This complaint does not exceed the $50,000.00 limit set by ARS (12-133) and the local rules; however this case is still not subject to the Rules of Arbitration because it is a complaint for constitutional deprivation of election rights, and violation of the constitution itself, constitutional rights cannot be arbitrated. The Plaintiff in this action hereby withdrawal's from Arbitration, on must freely waive their rights, the 5th and 14th amendments guarantee due process of the federal and state courts. A legal cause of action has traditionally been construed as a property right protected by the due process clause of the constitution, see Log'an v. Zemmerman Brush co., 445 US 422, 428 (1982) Litigation of private rights require both a jury trial and an article III judge, see: Granfinancers, S.A. v Norberg, 492 US 33,51-52 (1989)

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Also see: Northern Pipeline, 458 US at 77-81.

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Conclusion For the foregoing reasons, the plaintiff Kenneth L Allen strongly requests that this case remain in this court and not be arbitrated. Dated this 17th day of February 2012
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Kenneth L Allen 10055 E Gray Hawk Dr Tucson Arizona 85730 520-514-9704

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Kenneth L Allen 10055 E Gray Hawk Dr Tucson Arizona 85730 520-514-9704 kenandbetseyallen@msn.com in Proper Person Superior Court for the Court of Arizona

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Pima County
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Kenneth Allen
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Plaintiff,
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vs.
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Democratic Party; Barack Obama; Brad R Nelson; et.al. Defendant's ---------------------------------1 thru 38 exclusive.

) Case No.: ) ) Complaint for Constitutional Violations of the ) Article II section I clause 5 and Ballot ) Challenge pursuant to ARS 16-351 (B)and for ) declaratory and injunctive relief ) ) ) )

COMPLAINT and Ballot Challenge pursuant to ARS 16-351 (B) with respect to Barack H Obama, Any elector may challenge a candidate for any reason relating to qualifications for the office sought as prescribed by law, including age, residency or professional requirements, if

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applicable. The Plaintiff [Kenneth Allen] as a legal voter in the state of Arizona herby challenges the Democratic Party and Barack H. Obama.. Mr. Obama is not eligible and does not meet constitutional mandate pursuant to Article II section 1 ofthe United States Constitution. 1. This Court has original jurisdiction over this action under Article 6 § 14 of the Arizona Constitution and under Title 28 3002 (15) (A) (B) (C) and ARS 16-351(8). 2. This is the proper venue because the defendants have caused an event to happen that directly affects the rights of the Plaintiff (Kenneth Allen) ,and the act has taken place in the State

""

of Arizona, and the plaintiff lives in the county of Pima, City of Tucson. The Plaintiff has also voted in 2008 and is a registered voter for the 2012 elections. The defendant's actions have

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also affected every citizen in the state of Arizona.

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3. Wherefore Plaintiffs rights have been affected by the 2008 Presidential election and the upcoming election for 2012. 4. The Defendants Arizona Democratic Party's main offices are located in Phoenix, Arizona, USA. The office is primarily a filing office that records and files documents from Arizona agencies, businesses and public officers. It interacts with, and is a resource to State and Federal Government agencies for elections, and is responsible or should be, for the vetting of officials running for office such as the President of the United States, and must be compliant with treaties formulated under the United States Constitution, and that of the Arizona Constitution.

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5. I refer you to the UNITED STATES CODE (note the capitalization, indicating the corporation, not the Republic) Title 28 3002 (15) (A) (8) (C). It is stated unequivocally that the UNITED STATES is a corporation. The corporation is not a separate and distinct entity from the government. This is extremely important. As I have named herein Barack H Obama, an employee of said Corporation, doing business in the State of Arizona. 6. The true names and capacities, whether individual, corporate, associate, representative, or otherwise of the defendants: Democratic National Committee and the Arizona Democratic Party named herein, as does 1 through 39, inclusive, are unknown to the plaintiff, who therefore sue said defendants by such fictitious names, and the plaintiff will amend this complaint to show

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their true names and capacities when the same has been ascertained. Plaintiff is informed and believe that and allege that each of the unknown defendants are equally responsible in some manner for the deprivation claimed and challenged herein, and caused by defendants conduct. 7. Plaintiff is hereby informed and believes" that all times relevant and material hereto, defendants do 1 through 38. Paragraphs 1 through 7, hereby and above, are hereby incorporated by reference into each and every claim for relief asserted herein below, unless the context clearly indicates otherwise.

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9. This complaint is the result of the 2008 elections, where Barack H Obama, not being vetted and not being a natural born citizen, was allowed to occupy the office of President of the United States of America, 10,42 U,S,C. 1988 permits a State's Common law to decide a court case if there is no adequate Federal remedy, 11, Section 1 The executive power shall be vested in a President of the United States of .. America, He shall hold his office for the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows: 12, Each state shall appoint, in such manner as the Legislature thereof may direct, a number of

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electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. 13..Section II. No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States. 14. Contrast that with a "natural-born citizen", which was based on Natural Law theory, In this case, a "natural-born citizen" was one who was entirely subject to the laws of nature alone.

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There was no need for a statutory law conferring the rights of citizenship because both parents were citizens of the territory in which the child was born. There was no need for a positive law because there was no possible chance that another nation could claim such a child as its

...

citizen. "Natural" in th.is case was based on extraction primarily, and then on the place of birth. Natural law theory is based on the jus sanguinis model of conferring citizenship - naturally from parent to child, where the parents have the exclusive right of conferring their citizenship unto their child, not the government.

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15, Barack H Obama; should also be investigated for national security reasons and because if he isn't a Natural Born Citizen, pursuant at Article II, section I of the US Constitution and Minor v. Happersett, 88 U.S. 162, 167 (1875), he shouldn't be in office and should be removed from that office and stayed from the Arizona ballot. Before Barack Obama's name is placed on the Arizona Ballot, he must prove that he is indeed a " natural born citizen". 16. Mr. Obama's father was never a U.S. citizen and that the Supreme Court of the United States has defined "natural born citizen" as a person with both parents being citizens at the time of the natural born citizen's birth. Therefore, Mr. Obama does not fulfill the requirements of the U.S. Constitution to hold the office of President.

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17. The U.S. Supreme Court has defined "natural-born citizens" as "all children born in a count of parents who were its citizens." See Minor v. Happersett, 88 U.S. 162, 167 (1875). The Court in Happersett did go on to state that other sub-categories of people mayor may not be within the broader term "citizen," it does so only after specifically identifying the narrower category of "natural-born citizens." The Happersett Court clearly understood and established that "citizen" is a much broader term than "natural-born citizens." Its discussion of "citizen" does not negate alter its earlier definition of the term "natural-born citizens." See Id. at 167-168. 18. Because it is undisputed that Mr. Obama's father was not a U.S. citizen, Mr. Obama can never be a natural-born citizen, as that term was defined by the U.S. Supreme Court Therefore,
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Mr. Obama cannot meet the Constitutional requirements to hold the office of President. See U.S. Const. Art. II Section I, It is also undisputed that the Arizona Democrats intend to nominate Mr. Obama as the Democratic nominee for the office of President of the United States in the 2012 general election ..Said nomination requires the Defendants to send documents to the Secretaries of State of all states announcing that Mr. Obama as it's Presidential nominee for the Democratic Party in the 2012 general election and representing that he is qualified to hold the office of President; meaning documents that would prove he is a natural born citizen. However, they can't even produce any honest documents.

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19. Mr. Obama is not a natural-born citizen, as defined by the Supreme Court, Democrats and Arizona Republicans are aware of all undisputed facts and definitions. If he was born in Hawaii, it "would not" make him a natural born citizen ..There are also four (4) other obstacles to Barack Obama's eligibility and many other legal challenges that have been ignored by the status quo and protected by the media, however that ends with the American people. 20. On January the 26th, 2012, I, Kenneth Allen, did testify for Mark Hatfield, the Attorney of record for Carl Swensson and Kevin R. Powell, and Attorney Van Irion in a State Hearing in the State of Georgia to documents received by myself [Kenneth Allen] from the US citizenship and immigration service concerning Barack Obama Sr, Mr. Obama's father.

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21. These documents will prove that Mr. Obama Sr. never naturalized in the United States and was never a citizen of this country The evidence mentioned above will also be admitted to this court, proving that Barack H. Obama was never a Natural Born Citizen, pursuant to Minor v. Happersett, 88 U.S. 162, 167 (1875. 22. Barack Obama's presence on the Arizona Ballot takes away votes from other eligible candidates seeking the same office of President, and defrauds the voters of the great State of Arizona including the plaintiff. 23. It is this court's duty to protect and defend both the State Constitution and the Federal Constitution. Article II Section 1 of Article Two of the United States Constitution sets forth the eligibility requirements for serving as president of the United States: No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States. The Twelfth Amendment states that, "No person constitutionally President shall be eligible to that of Vice-President ineligible to the office of

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of the United States." The Fourteenth

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Amendment does not use the phrase natural-born citizen. It does provide that "All persons born

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or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Under Article One of the United States Constitution, Representatives and Senators are only required to be U.S. citizens. The courts are not at liberty to pick and choose among Congressional enactments, and when two statutes are capable of co-existence, it is the duty of the courts, absent a clearly expressed congressional intention to the contrary, to regard each as effective. "When there are two acts upon the same subject, the rule is to give effect to both if possible . . . The intention of the legislature to repeal 'must be clear and manifest. ' " Unitec: States v. Borden Co., 308 U.S. 188, 198 (1939)." Morton v. Mancari, 417 U.S. 535, 550-551

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(1974). 24. If we go right to heart of all the controversy about Obama's eligibility for the last four years. He is not eligible. He never was. It doesn't matter where he was born. It never did. What mattered - and still mattersquestionable documentation is who his parents were. According to Obama, and the limited and he has provided to date, and documents provided by the Plaintiff in

the Georgia Administrative court in Powell v. Obama, his father was a Kenyan student who never became a U.S. citizen and was deported. Therefore, he doesn't meet the test of eligibility. The fact that he has reluctantly provided highly questionable documentation to establish his birth in Hawaii is irrelevant, except that it suggests he is trying to obscure the real facts and the

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real substance of his eligibility. 25. The definition of natural-born citizen approved by the first U.S. Congress can be seen in the Naturalization Act of 1790, which regarded it as a child born of two American parents. The law, specifying that a natural-born citizen need not be born on U.S. soil, stated: "The children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States shall be considered as natural born citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States."

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While the act was repealed five years later, it, nevertheless, represented the will of the Congress that the U.S. not be led by someone with dual loyalties. 26. Rep. John Bingham of Ohio, a principal framer of the 14th Amendment, affirmed in a discussion in the House on March 9, 1866, that a natural-born citizen is "born within the jurisdiction of the United States of "parent's" not owing allegiance to any foreign sovereignty." 27. The Law of Nations," a 1758 work by Swiss legal philosopher Emmerich de Vattel, was read by many of the American founders and informed their understanding of law later established in the Constitution. Vattel specified that a natural-born citizen is born of two citizens and made it clear that the

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father's citizenship was a loyalty issue: 'The natives, or natural-born citizens, are those born in the country, of parents. who are citizens. As the society cannot exist and perpetuate itself otherwise than by the children of the citizens, those children naturally follow the condition of their fathers, and succeed to all their rights .... In order to be of the country, it is necessary that a person be born of a father who is a citizen; for, if he is born there of a foreigner, it will be only the place of his birth, and not his country." 28. Significantly, when the U.S. Senate resolved in 2008 that Sen. John McCain, R-Ariz., the Republican presidential nominee, was a natural-born citizen, it specified that his parents were American citizens.

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29. The "non-binding" resolution, co-sponsored by then-Sen. Obama, stated that McCain - born to two American citizens on an American military base in the Panama Canal Zone in 1936, "is a 'natural born citizen' under Article II, Section 1, of the Constitution of the United States",

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however remember that resolution was non binding and not worth the paper it was written on. First cause of Action 30. Plaintiff re-alleges 1 thru 29 of the aforementioned complaint. 31. The Democratic Party will nominate Barack H Obama as its nominee for president.

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32. The Democratic Party will send documents alleging Obama to be eligible for the office of president and falsely represent that Barack Obama is qualified for the office of president but will not mention eligibility. Second cause of action 33. Plaintiff re-alleges 1 thru 32 of this complaint, the Democratic Party and Barack Obama have knowledge of the facts and actions contained herein, that there is willful fraud and misrepresentation of the facts by the defendants.

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34. The Plaintiff is entitled to injunctive relief and declaratory relief to prevent further injury or further depravation of rights and the rights of other citizens of Arizona

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35. Barack H Obama does not meet Article II section I clause 5 mandate, and never did. Third Cause of Action 36. Plaintiff re-alleges 1 thru 35 of this complaint. 37. There is a clear conflict that exists between the defendants and the Plaintiff regarding the legal definition of Natural Born Citizen, and precedent already set forth by the Supreme Court. 38. It is this courts duty to protect the rights to prevent irreparable harm and damage by the defendants to the plaintiff and others. Conclusion 39. Plaintiff re-alleges 1 thru 39 and In conclusion the Plaintiff has been damaged and every

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person in the State of Arizona has been harmed through the placement of a candidate that at the most could be a dual citizen, form of a foreign father. In a famous case, MR. JUSTICE DOUGLAS wrote of the problem of dual citizenship. Kawakita v. United States, 343 U.S. 717, GO>723-736 (1952) .. He noted that "[o]ne who has a dual nationality will be subject to claims from both nations, claims which at times may be competing or conflicting," id. at 733; that one with dual nationality cannot turn that status "into a fair-weather citizenship," id. at 736; and that "[c]ircumstances may compel one who has a dual nationality to do acts which otherwise would

not be compatible with the obligations of American citizenship," ibid. The District Court in this

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very case conceded: It is a legitimate concern of Congress that those who bear American citizenship and receive its benefits have some nexus to the United States.

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Relief Requested 40. Wherefore, Plaintiff respectfully request that this court, 1) Reaffirm the Minor v. Happersett, 88 U.S. 162, 167 (1875). Is standing precedent, and that a Natural Born Citizen is the child of 2 parents who are loyalty to only the United States. 2.) That Barack Obama Sr. was a foreign National and a citizen of England.

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3) Issue an order barring Barack Obamas name from the 2012 Presidential election in Arizona. 4) An Order to the Secretary of state staying Barack Obamas name from the 2012 election Ballots. 5) An order for the defendant to provide documents regarding Obama and his presence at any hearing scheduled by this court. 6) For any and further relief that this court deems just to include a jury trial.

Respectfully Submitted, 7~ Kenneth Allen, in proper person

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Kenneth L Allen 10055 E Gray Hawk Dr Tucson Arizona 85730 520-514-9704 kenandbetseyallen@msn.com in Proper Person Superior Court for the Court of Arizona

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Pima County
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Kenneth Allen
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Plaintiff,
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) Case No.: ) ) ) Proof of Service

vs.
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)
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Democratic Party; Barack Obama; et.al. Defendant's

) )

--------------------------~)
I Kenneth L Allen declare under the penalty of perjury that I have served the summons and complaint in this case on: Barack Obama care of US Attorney's Office/Civil Division Process

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Clerk, 405 W. Congress Street, Ste. 4800, Tucson Arizona 85701-5040, Arizona Democratic
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headquarters, 2910 N. Central Ave., Phoenix, Arizona 85012 and Pima county elections
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Director, Brad R. Nelson, 6550 S. Country Club Rd., Tucson, Arizona 85756.
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By: United States Mall certified receipt return request or in person.
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Dated thisl '>clayof February 2012
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Kenneth Allen, in proper person
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10055 E Gray Hawk Dr Tucson Arizona 85730 520-514-9704 Copies- served to all defendants

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