Each state is given a packet of instructions for choosing electors and all the rules and statutes involved. In that packet is are the pertinent Constitutional articles, US Codes, ect. Each state has it's own responsibilities for holding elections, printing ballots, and making local laws for eligibility requirements. Some states do not require that someone is in fact eligible or that they do not require proof of that eligibility. GA has a law that states a candidate must be eligible for the office sought. So if the SoS of GA says Zippo does not meet the eligibility requirement as stated in the packet, A2S1C5 a natural born Citizen, he is not on their March 6th primary ballot.
Zippo has no real avenue of appeal because he did not offer any evidence to whit the decision was based. If he does decide to appeal, that appeal would be heard by a right leaning GASC, he can only argue the merits by which the decision that the SoS made based on the evidence that was presented to the ALJ. He can not now introduce new evidence, he had his chance and choose not to take it. IMO he had no choice because he cannot prove he is eligible. So in this scenario the case does not get to the SCOTUS but he remains off the GA primary ballot.
So what does that mean? Nothing by itself because he could blow it off as a racist judge in a southern court, bla bla bla. But there are other ballot challenges, AL, his home state of IL and a few others. Because the primaries are very close these cases are going to move forward quickly and if any other state declares Zippo to be IE it will have a devastating effect. The MSM cannot ignore it so now the public will know what is going on and why, this is huge.
SCOTUS is still now where in site as long as he does not argue the NBC issue and is deemed IE! They cannot settle the NBC issue if he does not declare he is an NBC! Remember he has carefully, IMO, avoided describing himself as a natural born Citizen.
Now comes the fun part, and I have been waiting for this day since Nov 4th 2008, our congress needs to act. Of course they really really don't want to. But there will be a barrage of constituents that will be demanding "impeachment". What we need to do is to contact our representatives and point out that yes Zippo is in fact ineligible, we made a mistake and this is how it is fixed, Courts can remove ineligible chief executive. I believe Zippo would get the same advice Nixon got but I would argue we need to argue he was never a legit prez and therefore everything he did is null and void.
Criminal charges can be argued later, the fall out will be huge, no one wants this but all the no ones brought this upon themselves. We need to keep that in mind as well when communicating with those in congress. We need to encourage them to now do the right thing rather than berate them for what they didn't do in the first place.
“Zippo has no real avenue of appeal because he did not offer any evidence to whit the decision was based.”
Judge Malihi offers an advisory opinion to the GA SoS. If an adverse decision is made against Obama by the GA SoS, then he can appeal the GA SoS decision to Georgia Superior Court. The case will be de novo, or a fresh start, because GA SoS will only have access to Judge Malihi’s opinion and not a trial transcript and evidence presented.
Obama can submit his certified COLB as proof and the Georgia Superior Court may accept it as proof he’s qualified to be on the ballot. It really depends on how aggressive the GA AAG defends the GA SoS decision. Will the GA AAG present MvH dicta as precedent? What about WKA? How does Schneider v Rusk (quoting Osborn) fit into the eligibility question?
Excellent insights, Greg. I think at this point we do need to strengthen the feeble arms and offer people a way to repent of their past actions (or inaction) and turn and do what is right now.
I suspect that by the time this is all done we will find there were more variables at play than we realized. Right now I’m thinking about Glenn Beck who, according to an article regarding Doug Hagman’s research, acted out of grave concerns for the safety of people on his staff because of threats that were being made and Fox’s unwillingness to provide protection for them.
We’re going to need to pull together to come out of this alive, and part of that is going to have to be forgiving and moving on to fight together. It’s not time to burn bridges. Afterwards we can figure out how to keep this from ever being able to happen again.