I hope this formats correctly. Here’s a draft I propose for states:
Whereas the US Constitution states the requirements for Presidential eligibility and gives the federal judiciary the responsibility of interpreting and applying the Constitution but gives the individual states the responsibility of choosing Presidential electors resulting in a Constitutionally eligible President;
Whereas the only security clearance given to the Commander-in-Chief is the vote of the people, who do not individually have authority to demand documentation necessary for such a security clearance; and
Whereas the Congressional Research Service has concluded that “there is no specific federal agency or office that “vets” candidates for federal office as to qualifications or eligibility prior to election. The mechanics of elections of federal officials within the several states are administered under state law.”
Therefore be it resolved that the name of a candidate for US President or Vice President may not be placed on a primary or general election ballot in this State unless and until the following steps have been completed and Constitutional eligibility is confirmed:
1. The prospective candidate must complete a sworn application stating their birth date, birth place, years of US residency, and the US citizenship status of each parent at the time of the prospective candidate’s birth.
2. The prospective candidate must submit evidence of the years of US residency.
3. The prospective candidate must sign a consent form for the Secretary of State to have access to ALL his/her birth documents from the Vital Records Office in his/her birth state, including any supplementary documentation and written and/or embedded transaction records for the birth record.
4. The prospective candidate must sign a consent form for the Secretary of State to have access to all citizenship records for the prospective candidate and his/her parents from the Department of State and INS.
5. The Secretary of State must procure all the records listed in 3 and 4, and directly on the application mark on a check-off list Yes or No for whether each of the following occurs:
a) An amended/altered or late birth certificate.
b) A birth certificate showing a birth date resulting in an age younger than 35 years as of the beginning of the Presidential term for which he/she desires to run.
c) A birth certificate showing a birth place outside the United States.
d) Insufficient proof of at least 14 years of US residency.
e) Citizenship records showing the candidate having citizenship in another country at any time.
f) Citizenship records showing one or more parent not having US citizenship at the time of the prospective candidate’s birth.
g) Transaction records showing amendments or filing dates that do not match what is stated on the birth certificate.
h) Checklist disputed within 30 days of public posting
6. After completing Step 5 the Secretary of State shall post on the State SOS website the application, the check-off list, and redacted copies of the documentation provided – the originals of which shall be made available for public inspection at the SOS office on request.
7. If, within 30 days of the online posting, any person files a written complaint with the Attorney General documenting reasons to dispute the veracity of the evidence presented or the way the list is checked off, the Attorney General must check Yes on item h: Check list disputed.
8. If after 30 days of the online posting every item on the check-off list is checked “No”, eligibility is confirmed and the name will be placed on the ballot if all other State ballot requirements are met.
9. If after 30 days of the online posting any item on the check-off list is checked “Yes”, then the candidate must be informed by certified mail that their name is not allowed to appear on the ballot and the State Attorney General must within 10 days file an expedited lawsuit in the State Court on behalf of the prospective candidate, with all documentation collected throughout the process submitted to the court. The public must be able to file amicus briefs either in support of or to refute the prospective candidate’s eligibility.
10. If all appeals at the State level and/or United States Supreme Court level are exhausted and the court has ruled that the person is eligible, eligibility is confirmed and the name will be placed on the ballot if all other requirements are met.
Be it further resolved that if, after Step 9, the court confirms that the prospective candidate is INELIGIBLE, the Attorney General must notify by certified mail the Chairman of each national political party. If a political party nominates the ineligible candidate anyway, the Attorney General must file contempt of court charges against the Chairman of that political party.
Excellent! Thank you for this draft. It seems to cover every point.
That formatting is lousy. I’ve posted it (with one tweak) on my blog at http://butterdezillion.files.wordpress.com/2010/10/proposed-eligibility-bill-2.pdf so people can see it with decent formatting.
I should say the SOS must be given access to CERTIFIED copies of all that stuff from the birth state’s DOH and from the State Department and INS.