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To: SirJohnBarleycorn
Washington's Secretary of State Sam Reed does not have the authority to inquire into Obama's birth certificate and determine if it is valid or not, said Superior Court Judge John Erlick. Therefore, Reed is obliged to accept the nomination and keep Obama's name on the state ballot, Erlick said.

That is B.S.

RCW 29A.20.010
Preservation of declarations of candidacy.

"The secretary of state and each county auditor shall preserve all declarations of candidacy filed in their respective offices for six months. All declarations of candidacy must be open to public inspection."

Sam Reed has an implied duty to insure a candidate is qualified under the U.S. Constitution if it is questioned. Failure to do so is a violation of his oath of office to uphold and defend the U.S. Constitution and a violation of:

"RCW 9A.80.010 - Official misconduct (1) A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege:

b) He intentionally refrains from performing a duty imposed upon him by law.

(2) Official misconduct is a gross misdemeanor."

This statute also references:

RCW 42.20.100 - Failure of duty by public officer a misdemeanor.

"Whenever any duty is enjoined by law upon any public officer or other person holding any public trust or employment, their willful neglect to perform such duty, except where otherwise specially provided for, shall be a misdemeanor."

These duties include implied duties.

If Obama has falsely certified that he is eligible, he has violated:

RCW 9A.72.030 - Perjury in the second degree.

"(1) A person is guilty of perjury in the second degree if, in an examination under oath under the terms of a contract of insurance, or with intent to mislead a public servant in the performance of his or her duty, he or she makes a materially false statement, which he or she knows to be false under an oath required or authorized by law.

(2) Perjury in the second degree is a class C felony."

In the state of Washington, a public official - especially an elected executive officer - has the inherent power to take whatever action necessary to properly carry out his duties, and that can easily include requiring a candidate to prove his eligibility.

Then there is the general principle that the courts have the inherent power to formulate a resolution when no specific procedure exists. The only reason one does not exist in this case is because no other person running for President has ever had their eligibility questioned.

RCW 29A.20.021 - Qualifications for filing, appearance on ballot.

"(1) A person filing a declaration of candidacy for an office shall, at the time of filing, be a registered voter and possess the qualifications specified by law for persons who may be elected to the office.

(4) The requirements of voter registration and residence within the geographic area of a district do not apply to candidates for congressional office. Qualifications for the United States congress are specified in the United States Constitution."

It is reasonable that if qualifications to appear as a Congressional candidate are specified ion the U.S. Constitution, then the same criteria must apply to Presidential Candidates and it is therefore the responsibility of the WA SoS to require Obama to prove he is qualified when questioned.

If Obama filed a false statement, he is guilty of a violation of:

RCW 43.07.210 - Filing false statements — Penalty.

"Any person who files a false statement, which he or she knows to be false, in the articles of incorporation or in any other materials required to be filed with the secretary of state shall be guilty of a gross misdemeanor punishable under chapter 9A.20 RCW."

All one needs to do is file a criminal complaint with the WA AG, the Thurston County Sheriff and Thurston County Prosecutor; with a copy to the governor. They would all have a statutory duty to investigate, which would mean they would be required to demand Obama furnish proof of his eligibility.

This is not that complicated.

This person should file an immediate petition for a writ of mandamus with the WA SC to force Sam Reed to require Obama to prove he is qualified to be a candidate for president. While the WA SC is totally corrupt, there are likely exactly five justices who would vote to grant the petition. See RAP 16.2

If I still lived in WA, I'd do it myself.

A person could also seek post election relief as well.

72 posted on 10/28/2008 2:01:04 PM PDT by SeaHawkFan
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To: SeaHawkFan

Bump for later reading...btw it was great to see the Hawks win!


74 posted on 10/28/2008 2:10:02 PM PDT by freebird5850 (O-Bomb-a, the sleeper cell that almost slipped by all of us.)
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