Affidavit – Official Challenge to Barack Obama being placed on the Georgia Primary Ballot

Chief Judge Michael Malihi:

ORDER ON MOTION TO DISMISS
On December 15, 2011, Defendant, President Barack Obama, moved for dismissal of Plaintiffs’ challenge to his qualifications for office. The Court has jurisdiction to hear this contested case pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” For the reasons indicated below, Defendant’s Motion to Dismiss is DENIED.

This means we will be one of the first to argue against his appearing on the Georgia Ballot and it will be heard based on the merit of our argument. Natural Born Citizen will now be in open court, for the very first time.

Excerpts from Judge Michael Malihi in the Order for Obama’s Motion to Dismiss:

“Statutory provisions must be read as they are written, and this Court finds that the cases cited by Defendant are not controlling.”

“Code Section 21-2-5(a) states that “every candidate for federal and state office” must meet the qualifications for holding that particular office, and this Court has seen no case law limiting this provision, nor found any language that contains an exception for the office of president or stating that the provision does not apply to the presidential preference primary.”

“Accordingly, this Court finds that Defendant is a candidate for federal office who has been certified by the state executive committee of a political party, and therefore must, under Code Section 21-2-5, meet the constitutional and statutory qualifications for holding the office being sought.”

Other Orders from Judge Michael Malihi are as follows;

Farrar-Welden-Swensson-Powell v Obama, Motion to Take Depositions Denied, Georgia Ballot Access Challenge

Farrar-Welden-Swensson-Powell v Obama, Motion to Sever Granted, Georgia Ballot Access Challenge

Please visit Article II Super PAC for the complete Orders here: http://www.art2superpac.com/georgiaballot.html

Note: An Article II Legal Defense Fund has been established to support legal actions to help reinstate a Constitutional Presidency, per Article II, Section 1. These actions may include civil or criminal complaints, lawsuits in multiple jurisdictions, including, but not limited to: direct eligibility challenges, ballot challenges, indirect suits against third parties, which would seek to clarify eligibility, or inhibit parties from supporting actions that benefit ineligible candidates and/or officials.

Please visit the site at www.Article2LegalDefenseFund.com and consider making a secure donation.

Disclaimer: Article II Super PAC and Article II Legal Defense Fund are two separate legal entities with separate missions, separate banking accounts and separate mailing addresses. Neither entity assumes any legal liability for any litigation or consequences thereof, as we are not a Party to such actions. 

Thanks to the hard work and dedication of Attorney Georgia State Representative, Mark Hatfield, our day in court is assured. The case has been docketed for Jan 26, 2012.

We are in serious need of funds to complete this action so please, be generous in your support of our actions. We now have our first victory in this process, but still have a ways to go so, again, please help us if you want the non-eligible Barack Obama off our Georgia ballot. Your State will, most likely, follow suit.

http://www.riseupforamerica.com is where you’ll find the Donate button.

Happy New Year Friends and Patriots,

Carl A. Swensson

The most important reasons for Judge Malihi’s ruling are Nos. 6-8:

6.

Code Section 21-2-5(a) states that “every candidate for federal and state office” must meet the qualifications for holding that particular office, and this Court has seen no case law limiting this provision, nor found any language that contains an exception for the office of president or stating that the provision does not apply to the presidential preference primary. O.C.G.A. 21-2-5(a) (emphasis added). Although the word “candidate” is not explicitly defined in the Code, Section 21-2-193 states that the political party for the presidential preference primary “shall submit to the Secretary of State a list of the names of the candidates of such party to appear on the presidential preference primary ballot.” O.C.G.A. 21-2-193 (emphasis added). Accordingly, this Court finds that Defendant is a candidate for federal office.

7.

Code Sections 21-2-190 to 21-2-200 set out the procedures of the presidential preference primary and also provide no exception to the Section 21-2-5 qualification requirement. This Court finds no basis under Georgia law why the qualification requirements in Section 21-2-5 would not apply to a candidate for the office of the president in the presidential preference primary.

8.

Accordingly, this Court finds that Defendant is a candidate for federal office who has been certified by the state executive committee of a political party, and therefore must, under Code Section 21-2-5, meet the constitutional and statutory qualifications for holding the office being sought.

Which leads the judge to issue his decision:

II. Decision
Based on the foregoing, the motion to dismiss is DENIED.
SO ORDERED, this the 3rd day of January, 2012.
MICHAEL M. MALIHI, Judge

To read Judge Michael Malihi’s court order in pdf, click here.

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