Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: butterdezillion

Here is a list of all the AZ laws on nominations:

http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=16

My eyes get tired reading that stuff.


148 posted on 05/19/2012 4:08:49 PM PDT by Mr Rogers (A conservative can't please a liberal unless he jumps in front of a bus or off of a cliff)
[ Post Reply | Private Reply | To 145 | View Replies ]


To: Mr Rogers

Yeah. My eyes are wanting to bleed all of a sudden. lol.
Truly the people who write this stuff have a dizzying intellect (ala Wesley, referring to Vizzini in “Princess Bride”). lol. So my apologies if I sound dizzy or if I have inadvertently overlooked something. What I get after digging through this stuff is this:

The requirements to be placed on the presidential primary are very lenient and don’t allow the option of being disqualified. The rules can be seen at http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/16/00242.htm&Title=16&DocType=ARS

That’s why Bennett couldn’t really do anything about the primary ballot.

The general election is different. Chapter 3 of Article 16 describes how the general election procedures work. Letter D at http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/16/00311.htm&Title=16&DocType=ARS says:

“D. All persons desiring to become a candidate shall file with the nomination paper provided for in subsection A an affidavit which shall be printed in a form prescribed by the secretary of state. The affidavit shall include facts sufficient to show that, other than the residency requirement provided in subsection A, the candidate will be qualified at the time of election to hold the office the person seeks.”

Candidates for the general election can be challenged, as shown at http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/16/00351.htm&Title=16&DocType=ARS

“A. Any elector filing any court action challenging the nomination of a candidate as provided for in this chapter shall do so no later than 5:00 p.m. of the tenth day, excluding Saturday, Sunday and other legal holidays, after the last day for filing nomination papers and petitions. The elector shall specify in the action the petition number, line number and basis for the challenge for each signature being challenged. Failure to specify this information shall result in the dismissal of the court action. Within ten days after the filing of the action, the superior court shall hear and render a decision on the matter. Such decision shall be appealable only to the supreme court, and notice of appeal shall be filed within five days after the decision of the superior court in the action. The supreme court shall hear and render a decision on the appeal promptly.

B. Any elector may challenge a candidate for any reason relating to qualifications for the office sought as prescribed by law, including age, residency or professional requirements, if applicable.”

So once the deadline for the candidate filing the affidavit (giving the facts showing they are qualified for the position) has come, any elector has 10 business days to file a challenge. Once that is filed the superior court has 10 days to render a decision. After the superior court’s decision the elector has 5 days to file an appeal to the AZ Supreme Court, and the Supreme Court has to hear and decide the case “promptly”. So once the candidate has filed the affidavit stating the facts sufficient to show they are qualified for the position they seek, there is a maximum of 20 business days for the Superior Court to decide the issue.

Now consider the fact that it’s been 8 weeks since Ken Bennett first sent the money asking the HDOH for a simple verification of Obama’s birth facts, and he’s nowhere close to getting ANY kind of response to that.

Consider that even if they verify the facts, that verification contradicts prior disclosures by their office (which indicated a late and/or amended BC, which is not legally probative and the State of HI therefore CANNOT verify any facts claimed on that BC). At that point an audit would have to be conducted to find out which of their mutually-exclusive disclosures was accurate. That would involve looking at microfilms, computer transaction logs, and possibly the original paper record.

All that has to be done in a maximum of 20 business days. The HDOH has already stalled TWICE that amount of time just hemming and hawing over whether they can or can’t verify the facts of Obama’s birth for Bennett, who is clearly qualified to receive verification, based on HRS 338-18. There is no way that this challenge process could even put a dent in the processing needed to hash out Obama’s eligibility issues.

Bennett is absolutely doing the right thing. The HDOH’s own obfuscation is proving that before our very eyes. If Obama’s eligibility is truly going to be sorted out the process has to begin now, and the secretary of state is the only person who can force Obama and/or the HDOH to provide what is needed, on pain of not being allowed on the ballot at all if they refuse. There is nothing in the laws that disallows him from doing this, and just seeing what the HDOH has done for the past 8 weeks illustrates VERY clearly why he HAS to demand this just to maintain a clear conscience and the integrity of the system as well as his own oath to protect and defend the US Constitution.

Bennett is doing the right thing, and every Arizonan (as well as all the rest of us) need to let him know that we know that and that there are more who are with him than the very loud, annoying voices he’ll hear constantly that are against him. I’m sure his inbox is inundated, but if somebody wanted to start a petition of support or something, that might be helpful.

And, as I’ve said elsewhere, we need to keep holding him up in prayer, as well as Sheriff Joe, Mike Zullo, the AZ AG, Gov Brewer, and all the foot-soldiers who are doing the necessary work to see the rule of law prevail.

Mr. Rogers, you’ve fought for this country. I know you love this country. I hope and pray we can stand together to defend her with every power we have right now. =)


157 posted on 05/19/2012 7:50:59 PM PDT by butterdezillion
[ Post Reply | Private Reply | To 148 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson