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Petition for Writ of Mandamus
Ex Parte HUGH MCINNISH HUGH MCINNISH Petitioner v.
BETH CHAPMAN In her official capacity as Secretary of State Respondent
L. Dean Johnson Attorney for Petitioner L. Dean Johnson, P.C. 4030 Ba~oral Dr., Suite B Huntsville, AL 35801 Phone 256-880-5177 Fax 256-880-5187 firstname.lastname@example.org
Supreme Court of Alabama
Petition for Writ of Mandamus
Ex Parte HUGH MCINNISH HUGH MCINNISH Petitioner v. BETH CHAPMAN In her official capacity as Secretary of State Respondent
This court has original Ala. Code § 12-2-7 (2).
In this case.
In the case of Rice v. Chapman, the Court invoked Ala. Code stripping
the so-called "jurisdiction
and concluded that
The petitioners' stripping
it seeks to impact the primary
'conduct' of the June 1, 2010, Republican election by having
the court either remove the name
of one of the candidates, ballot or instruct
Party not to Thus, in order for a
canvass votes cast for Johnston. court to exercise
over this action, it
that there be a statute giving
'authority to do so' which is 'specially and specifically enumerated ....
51 So. 3d 281, 284
the keystone of the Court's
deciding this case. it was placed,
But the stone was infirm when in a rickety
and it resulted
structure that cannot pass inspection.
The word "conduct"
as used in the Code, and quoted with "management." (2000) 3841; Dictionary (See The
above, is synonymous American Language, Heritage
of the English See also of the See
Webster's New International English Language, also Webster's Dictionary
(1945) 5572; University
II New Riverside
The Code, then, refers to
the election much as it would refer to a business. For example, management of the election, or
"conduct" of the election, would involve such
1. To direct the course of; manage or control. conduct 2. Act or manner of carrying on, directing or managing, as a business; management; direction. 3 conduct 2. The act of directing or controlling: MANAGEMENT. (caps in original.) 2
things as insuring that the polls opened and closed at the proper times, that the voters had easy access to the voting places, that supplies were plentiful, that voters showed the required that records were kept to insure
that no one voted more than once, that challenged ballots were properly were accurately so on. handled, that the results reported, and
tallied and properly
Not in the most vivid imagination,
any of these management subtracting candidates
functions be affected by
or adding the names of one or more to those listed on the ballot.
that is, managing,
the election No which by
are merely hired for the day of the election. part of their assignments names go on the ballot, politically involve determining officials
that being predetermined who have
no hand in the actual conduct of the election itself.
Thus does the Court err, and the jurisdiction stripping statute should not be applied here.
is styled in accordance with ARAP Rule 21 is written as a guide for from a
Rule 21. Although a petition
for a Writ of Mandamus directed
higher to a lower court, it
as in this case, for asking the Court to direct the writ to an officer of the Government. the correct procedure Government to perform Mandamus
to direct an official a particular station.
duty which flows
from his or her official
The modern writ of Mandamus may be broadly defined as a command issuing from a court of competent jurisdiction, directed to a person, officer, corporation or inferior court, requiring the performance of a particular duty which results from the official station of the party to whom the writ is directed, or from operation of law. Ralph W. Muxlow, II, Mandamus-An Expanded Concept, 8 Washburn L. J. 71 (1968-1969). (Footnotes omitted, emphasis
added. ) The word processing software available to
Petitioner does not permit use of the prescribed Courier New 13. Font size 14 has been used, going to the
up in size rather than down, in deference learned judges of this honorable maturity may not have materially acuity of their eyesight.
Table of Authorities Cases
Court whose enhanced the
Ex parte Integon Corp.,672 So.2d 497, 499 (Ala .1995) . Rice v. Chapman,
51 So.3d 281, 284
Statues And Other Legislative
Ala. Code § 12-2-7 (2): Jurisdiction powers of court generally Ala. Code § 17-1-3: Chief Elections
7 11, 12
Ala. Code § 17-9-3: Persons Entitled to Have Names Printed on Ballots; Failure of Secretary of state to Certify Nominations. Ala. Code § 17-16-44: Alabama Election Contests; Appeal Jurisdiction in
Ala. Code § 32-6-8(b): Temporary and Learner's Licenses.
Ala. Const. of 1901, art. XVI, §279, cl. 1: Required of members of legislature and executive and judicial officers; form; administration. u.s. Const. Art II, §1, cl.5.
8 Washburn L. J. 71 (1968-1969: Mandamus-An Expanded Concept; Muxlow, Ralph W. II. Ala. Att'y Gen. Op. No. 98-0020 1998). (August 12,
Ala. R. App P. 21 : Writs of Mandamus and Prohibition Directed to a Judge or Judges and Other Extraordinary Writs. American Heritage Dictionary of the English Language, Fourth Edition (2000) 384 Webster's II New Riverside
(1984) 296 2
Webster's New International Dictionary of the English Language 557, Second Edition (1945).
Home/wfContent.aspx?ID=30&PLHl=plhDriverLicens e-DocumentRequirementsAndFees http://www.census.gov/newsroom/releases/archiv es/population/cbll-215.html/
http://www.sos.alabama.gov/ Elections/2012/Electionlnfo2012.aspx) http://www.usdebtclock.org/ http://www.westernjournalism.com/pdf-obamaeligibility-investigation-report-released-bysheriff-joe-arpaio-and-cold-case-posse-here/ http://www.wnd.com/index.php?fa=PAGE.view &pageld=98546 http://www.youtube.com/watch?v=yQt3e4Iiuyk&fea ture=player_embedded
Statement of Facts
(A)U.S. Const. Art II, §1, cl.5 requires,
alia, that "[n]o 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 ...."
of State is the chief elections
official 1n the state. Ala. Code § 17-1-3. (C)The Alabama Barack Obama Secretary of State has accepted in the March (See
(Obama) as a candidate Primary Election.
13, 2012 Alabama
http://www.sos.alabama.gov/ Elections/2012/ElectionInfo2012.aspx) .
opinion holds that Obama does requirements for the
not meet the Constitutional
President of the United States in that he is not a natural born citizen as required by U.S. Const. Art II, §1, cl.5. organizations Although the larger news
have mostly avoided the issue of popular opinion in the Nation, is aflame with rhetoric
Obama's eligibility, particularly denouncing asserting
him, accusing him of fraud, and that he is not the de jure President This 1S especially (See e.g. of in
the United States.
the electronic media.
http://www.wnd.com/index.php?fa=PAGE.view &pageId=98546 which shows an index of more than 200
articles devoted to this subject.) (E)Petitioner experienced computer himself, a person educated mathematics, and and
I), has amassed
making a plausible
case that the two
putative birth certificates electronically Attachment II.)
by Obama are forgeries.
Statement of Issues (A)Does the duty to insure that candidates placed on an Alabama ballot are Constitutionally Elections qualified inhere In the Chief of State, of the
and is she free to ignore questions eligibility knowledge of a candidate
even in the face of
that there is evidence of his sufficient to establish probable
of State Beth
Chapman be commanded to demand a bona fide birth certificate of his eligibility from Obama so that the issue to serve as President of
the United States be resolved? Request of the Court Respondent respectfully requests that this Court to the Secretary of State
issue a Writ of Mandamus
reqUlrlng her to demand that Obama cause a certified copy of his Bona Fide birth certificate to her direct from the government
to be delivered
official who is In charge of the records in which
it is stored, and to make the receipt of such a prerequisite to his name being placed on the
Alabama ballot for the March 13, 2012 primary election, and on the ballot for the November 6,
2012 general election.
A birth certificate 15-year-old
is required in Alabama
to get a driver license learner permit. The Alabama Department of
Ala. Code § 32-6-8(b). Public Safety reiterates
detail: it should be a "U. S. birth certificate (certified and issued by the Bureau of Vital Statistics original). (NO PHOTOCOPIES))" (See (emphasis in
Home/wfContent.aspx?ID=30&PLH1=plhDriverLicenseDocumentRequirementsAndFees). The birth certificate
required of Obama should be of the kind and quality of that required for such a 15-year-old driver license learner permit. Statement why writ should issue There are four criteria of Mandamus: (1) a clear legal right to the order sought; (2) an imperative duty upon the respondent to perform, accompanied by a refusal to do so; for the lssuance of a Writ to obtain a
(3) the lack of another adequate remedy; and (4) the properly Ex parte invoked jurisdiction of the court.
So.2d 497, 499
(Ala.1995) . Petitioner (1) addresses each of these four in turn:
A clear legal right to the order sought: Petitioner sought. has a clear legal right to the order
He is a natural born citizen of the
United States, and of Alabama, who resides in Madison County, Alabama, owner there. regularly and is a property
He is a registered voter, and for which he
votes in all elections
He pays income taxes, real estate
taxes, and sales taxes, among others. Together with his wife, he is burdened with his share of the national approximately debt to the extent of $100 thousand4, Petitioner
a sum which is is a father and in
rapidly growing. grandfather. political He
a constant participant
and civic affairs.
4As this petition is prepared, the national debt is approximately $15.4 trillion. See http://www.usdebtclock.org/ In July 2011, the Census Bureau reported the population of the United States to be 311.6 million. See http://www.census.gov/newsroom/releases/archives/population /cbll-215.html/ The arithmetic yields a debt of $49,422 for every man, woman, and child. 10
Petitioner maintenance Government,
has a manifest
of lawful, Constitutional ln that it is vital to the well himself, and his
being of his property, progeny. He certainly
has a clear legal right Officer
to have the State's Chief Elections
perform her duties to ensure honest elections in furtherance Constitutional of maintaining Government. a stable,
(2) An imperative duty upon the respondent to perform, accompanied by a refusal to do so: "All members of the legislature, officers, executive and all
and judicial, before they
enter upon the execution of the duties of their respective offices, shall take the following
oath or affirmation:
I, ..., solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the best of my ability. So help me God."
Ala. Const. of 1901, art. XVI, §279, cl. 1. Ala. Code § 17-9-3 instructs the Secretary as follows: "(a) The following persons of State
entitled to have their names printed appropriate
ballot for the general election,
they are otherwise
for the (Those so by
office they seek ...." (Emphasis added.)
entitled are then listed, e.g., those certified their respective parties.)
We may confidently "provided surplusage
conclude that the phrase qualified" is not mere but
they are otherwise
added at whim by the Legislature,
was included in the law for a substantive
This phrase makes clear that the lawmakers were anticipating that names might be submitted to the
Secretary of State which were legitimate prima facie, but not legitimate de facto, and that such
as these should not be allowed on the ballot by the State's Chief Elections Official.
In fidelity to her oath of office, supra, in which she swore (or affirmed)that she would of the State of
" ...support ... the Constitution
Alabama ...," and in view of the instructions contained in Ala. Code
17-9-3, supra, codified the Secretary
law under the Constitution, has an imperative
of State Obama
duty to determine
meets the Constitutional Presidency ballot.
for the on the would
and is eligible for placement the citizens
of Alabama that
be drawn to an unthinkable
Alabama's Chief Elections be indifferent
Official was expected to of those she
to the legitimacy
placed on the ballot.
In the past, the Secretary necessarily performed An Attorney General's
of State has not function.
Opinion has sometimes been to exclude names from
used as a basis for declining the ballot:
The Secretary of State does not have an obligation to evaluate all of the qualifications of the nominees of political parties and independent candidates for state offices prior to certifying such nominees and candidates to the probate judges pursuant to sections 17-7-1 and 17-16-40 of the Code of Alabama. If the Secretary of State has knowledge gained from an official source arising from the performance of duties prescribed by law, that a candidate has not met a certifying qualification, the Secretary of State should not certify the candidate. Ala. Att'y
Gen. Op. No. 98-0020
(August 12, 1998).
The language in this opinion however. It says that there
not categorical, not an "obligation" of those whose
to evaluate all the qualifications
names are laid before the Secretary of State, leaving her free to exercise her judgment in performing her duties, and to make evaluations
where there is good reason to do so.
In another place In the opinion, we note that the Attorney General is categorical.
He states that the
Secretary of State should not certify a candidate if she "has knowledge gained from an official source arising from the performance of duties has not met
prescribed by law," that the candidate the requirements for certification.
has recently emerged:
On March 1, Arizona,
2012, the Sheriff of Maricopa
released a report in which an by him had produced (sic) me to that
evidence which he said, "has lead believe there is probable
cause to believe long-form
President Barack Obama's
released by the White House on April 27, 2011, is a computer-generated forgery." (See Attachment III.)
cause was analysis
based in part on an in-depth technical performed
by Mara Zebest, one of his investigators She document
who is an expert in computer technology. states that, "The PDF birth certificate
released by the White House ... is a completely manufactured and fabricated computer generated
image." http://www.westernjournalism.com/pdf-obamaeligibility-investigation-report-released-bysheriff-joe-arpaio-and-cold-case-posse-here/. Attachment IV.) Sheriff Arpaio released (See
page Zubest report simultaneously of his report.
with the release
Following his release of his report, Sheriff Arpaio gave a video interview with the Internet site World Net Daily. certificate In discussing he said that the long form birth
Someone violated cause.
we have probable There's good probable
Now we gotta prove it.
cause out there.
In law enforcement
you work on probable
isn't just suspicion. probable cause.
I think it's one step higher: cause. We need
We do have probable
an investigation people charged.
to get enough evidence
to get those
http://www.youtube.com/watch?v=yQt3e4Iiuyk&fea ture=player embedded/ at 6:30 time mark.
On February 2, 2012 Petitioner, attorney, State. visited
together with his of
the Office of the Secretary
(Attachment V records that visit.)
that visit, at which the Hon. Emily Thompson, Deputy Secretary of State, speaking in the absence that of
of and for the Secretary of State, explained her office would not investigate any candidate.
She stated that they lacked the
investigative The historical
means of doing so. record of inaction, together with a clear
the current plans for inaction, constitute refusal to accomplish
the required duty of the
Secretary of State to bar the names of unqualified candidates from the ballot.
(3) The lack of another adequate remedy: There is no other adequate remedy. The Secretary
of State stands athwart the flow of candidates' names to the printer sole Government of the ballots. She is the to and
official who is in a position
interdict the name of an illegitimate exclude it from the ballot.
If the Secretary
of State failed to perform
duty, it would mean that a wrong of the most serious sort would go unattended, namely a man
about whom there were legitimate questions concerning his eligibility for the office of
President of the United States would be placed on the ballot for that office without being required to resolve the pertinent questions. But equity In
demands that for every wrong there be a remedy. this instance the obvious remedy is to require Obama to produce his birth certificate, and the
the official to do that. of the court: in this case
This Court has original as stated supra.
this matter before invoking the
this Court, Petitioner jurisdiction
of the Court.
It would be paradoxical
if the real
and grave question of the legitimacy facto President,
of the de
a question which lies at the very Constitutional Government,
heart of our American were left unresolved documents,
for want of the simplest of As explained license
a birth certificate.
supra, a teenager applying must submit an original, certificate.
for a learner's
bona fide birth
The same is true for a Boy Scout Could any clever excuse,
before he joins a troop.
any artful words, any sleight of hand with computer software, possibly provide for the Commander-in-Chief certificate an honorable rationale
to withhold his birth citizens, and
from the view of Alabama
from the American public?
Court has at its fingertips
power to resolve this monumental granting Petitioner's Mandamus
request for a Writ of Either a bone fide or it Either will ballot
it will be resolved.
birth certificate will necessarily
will be simply produced, be admitted not to exist.
way, this most important of legal questions have been answered, maintained, stilled. the purity of Alabama's
and the anxiety of Alabama
supra, the Deputy Secretary an
explained that her office was without investigative however, means.
The remedy called for here, It merely already
requires no investigation.
reqUlres the production exists, a very ordinary, certificate.
of what purportedly commonplace
thing: a birth no expenditure
It requires virtually
of time or money by the Secretary
A maXlm of equity holds that for every wrong there lS a remedy. Should the Court not issue the writ Petitioner, as well as the people
of Alabama, would be left without a remedy for the wrong of admitting whose legitimacy typical candidate to the ballot the name of one Nor is it a He does not
is in serious doubt. that is in question.
seek to be a legislator
among others who constitute
the Legislative who constitute
Branch, nor a judge among others the Judicial Branch. No, he seeks the
to be the single person who constitutes Executive Branch, States.
the President of the United
this would result, not without in the impression
among the citizens And when society
that their government the governed
lose faith in their governors, We urgently ask this
can suffer grievously. honorable
Court to grant this writ.
Attachments: Attachment I: Affidavit of Hugh Mclnnish, March 3, 2012, Re Technical Qualifications, documenting Petitioner's technical credentials. Attachment II: White Paper A Question of Eligibility, by Hugh Mclnnish, January 2012. Attachment III: Sheriff Arpaio Releases Preliminary Findings on Obama Birth Certificate, press release documenting the results of the sheriff's findings to date. Attachment IV: Report Barack Obama: Long Form Birth Certificate by Mara Zebest. Attachment V: Affidavit of Hugh Mclnnish, March 3, 2012, Re: Visit to SOS Office, documenting a visit to the Office of the Secretary of State. a
Respectfully submitted this 6th day of March 2012.
Attorney for Petitioner
~----------L. Dean Johnson, P,C. 4030 Balmoral Dr., Suite B Huntsville, AL 35801 Phone 256-880-5177 Fax 256-880-5187 Johnson_dean@bellsouth.net
Certificate of Service
I certificate that on the 6th day of March 2012 I served by Federal Express, postage paid, a true and correct copy of the foregoing Petition for Writ of Mandamus to the Respondent as follows: Hon. Beth Chapman Secretary of State State Capitol Building, Suite S-1 05 600 Dexter Avenue Montgomery, AL 36130
~~----------Attorney for Petitioner
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