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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

NICHOLAS E. PURPURA and THEODORE T. MORAN,

Petitioners-Appellants,

v.

BARACK OBAMA,

Respondent-Respondent.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4478-11T3

Argued May 30, 2012 - Decided May 31, 2012

Before Judges Fisher, Baxter and Carchman.

On appeal from a Final Decision of the New Jersey Secretary of State.

Mario Apuzzo argued the cause for

appellants.

Angelo J. Genova argued the cause for respondent Barack Obama (Genova Burns Giantomasi & Webster, attorneys; Mr. Genova, of counsel and on the brief; Alexandra M. Hill, on the brief).

George N. Cohen, Deputy Attorney General, argued the cause for respondent Kimberly M. Guadagno (Jeffrey S. Chiesa, Attorney General, attorney; Lewis A. Scheindlin, Assistant Attorney General, of counsel; Alan C. Stephens, Deputy Attorney General, on the brief).

PER CURIAM

Appellants Nicholas E. Purpura and Theodore T. Moran appeal

from a final decision of Kimberly M. Guadagno, Secretary of

State (the Secretary) determining that respondent President

Barack Obama's nomination petition as a candidate for President

of the United States in the June 5, 2012 Democratic Primary

Election was valid.

Appellants filed a challenge to President Obama's

nomination petition with the Division of Elections. That matter

was transferred to the Office of Administrative Law for a

hearing, and a full hearing was held before the Administrative

Law Judge (ALJ) who rendered a decision rejecting the challenge

and dismissing the petition. The Secretary affirmed and

incorporated the decision of the ALJ, concluding, after a full

hearing, that "[appellants] failed to meet their burden to

establish that Barack Obama failed in any obligation to prove to

the Secretary of State that he is qualified to hold the

Presidency and that he is a 'natural born Citizen' of the United

States of America, as required by the United States

Constitution." Appellants appealed on May 11, 2012, and sought

emergent relief. Because the primary election is scheduled for

June 5, 2012, we, sua sponte, accelerated the appeal and

established a briefing and argument schedule.

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On appeal, appellants assert that the ALJ and Secretary

erred in finding that President Obama does not have a

constitutional or statutory obligation to provide evidence to

the Secretary "who he is, where he was born, and that he is

constitutionally eligible to occupy the office of President in

order to be placed on the New Jersey primary election ballot."

In addition, appellants claim that the ALJ and the Secretary

erred in finding that President Obama was born in Hawaii and

that he is a "natural born citizen."

We have carefully considered appellants' arguments and

conclude that these arguments are without merit. R. 2:11-

3(e)(1)(E). We affirm substantially for the reasons set forth

in ALJ Jeff S. Masin's thorough and thoughtful written opinion

of April 10, 2012, as adopted by the Secretary on April 12,

2012.

Affirmed.

and thoughtful written opinion of April 10, 2012, as adopted by the Secretary on April 12,

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