Saturday, October 18, 2008

Obama Citizenship: Steve Marquis Sues Washington State Re Enforcement of Election Law

Steve Marquis is not an attorney but he is a man of courage. He just contacted me regarding his pro se (without counsel) law suit against Washington State regarding the State's refusal to enforce its own laws and the Constitution regarding Barack Obama's candidacy.

Documents concerning his case are here. According to Marquis's summary of key points, "the government agencies that should be assuring the veracity of our electoral process have failed to do so in regards to an outstanding question of Mr. Obama’s Citizenship...The FEC has not responded to petitioners requests for an evaluation and certification of Mr. Obama’s claim to being a 'natural born citizen.'

"The WA State Secretary of States office has not responded to petitioners requests for an evaluation and certification of Mr. Obama’s claim to being a Native born Citizen. FOI requests to Hawaii Department of Health for a certified copy of his birth certificate or hospital birthing records have gone unheeded.

"Demands for access to or certified copies of those salient documents in a Federal court case were rejected in court arguments by Mr. Obama. Rather than diffuse the question by delivering the documents, he instead argued for dismissal based on “standing” or “right to know”. This stalling and obfuscation only adds weight to the speculation that he does not possess the documents that would prove status as a “natural born citizen” as the constitution demands of a presidential candidate.

"The Secretary of State is responsible for executing an election process that lends confidence to the veracity and fairness of the process and the ballot. While there are specific statutory responsibilities, this general responsibility is established by the constitution and is overarching.

"This involves verifying the status of voters through a proper verifiable registration process, certifying the candidates and the tally.
His office is responsible for the ballots themselves. Even though we have some federal candidates listed on the ballot, it is not a federal ballot, but a state ballot executed under the secretary of States prevue and sanction.

"The presidential office is unique in that we do not vote specifically for the president in a nation wide plebiscite, rather we vote to send state representatives called electors pledged for a particular presidential candidate. The WA State Secretary of State is clearly responsible for the state electors and by extension the name on the ballot they are pledged to represent.

"The electors, depending on a particular states constitution, may be “winner take all, proportionally represented or even uncommitted altogether - on the honor system. This underscores the point that we are voting for state electors in a state election so that these state representatives can project the state i.e. regional power to the electoral college.

"If we waited for “after the election” to challenge a candidate’s basic qualifications in court rather than ahead of time in an orderly manner through application which demands minimal documentation by the candidates or at least in the case of particular candidates that have been challenged by citizen complains, such an after the fact challenge would most certainly create a constitutional crisis an likely civil unrest. Which civil unrest would be due to wholesale loss of confidence in the veracity of the electoral process. In particular the FEC and the respective Offices of the States Secretaries of State would be impugned for their dereliction of their constitutional duties, which duties are commonly expected by the people to be carried out transparently.

Mr. Marquis's press release follows:


"Contact: Steve Marquis
Telephone Number: 425-698-7084
Email Address:
Web site address:

"Averting a Crisis in Confidence; Citizen files Lawsuit Against Washington Secretary of State Sam Reed demanding verification of Barack Obama’s citizenship status.

"Seattle WA. 10/9/2008 — Steven Marquis, a resident of Fall City WA today filed suit in Washington State Superior Court against Secretary of State Sam Reed demanding verification of Barack Obama’s citizenship status.

"The complaint seeks specifically that the office of the Washington Secretary of State verify and certify that Mr. Obama is or is not a "natural born" citizen by producing original or certified verifiable official documents. The lawsuit argues that this certification should take place before the election to preclude a constitutional crisis and likely civil unrest should such certification, after the election, prove that Mr. Obama was not qualified for office.

"The Complaint argues that the Secretary of State has the authority and duty to not only certify the voters but also and most importantly the candidates and in so doing prevent the wholesale disenfranchisement of voters who would had had an opportunity to choose from qualified candidates had the certification preceded the election process.

"At this point, Mr. Obama has not allowed independent or official access to his birth records nor supporting hospital records. The Hawaii Health Department has violated Federal law by ignoring formal Freedom of Information requests for the same. Due to the facts and numerous other allegations that would challenge Mr. Obama’s fundamental qualifications for office, a Federal lawsuit was filed and is currently being heard in District Court, Pennsylvania.

"Mr. Obama failed to respond to the District Court’s request to produce or allow access to the official documents (should they exist) and instead filed a motion to dismiss arguing the Plaintiff had no “standing” or right to know. This non-response as of 9/24/2008 in Federal court casts doubt on the veracity of the electoral system and is the principal reason for this lawsuit. The late entry of this suit is due in principal part to Mr. Obama’s delay and subsequent non response to reasonable request for valid certificates. Multiple requests for early certification to the Office of the Secretary of State has been rejected.

"[clarification: The district court process itself demands a response from Mr. Obama. When a complaint is filed, the defendant has an opportunity to respond to the judge regarding the plaintiffs request for a preliminary injunction. Obama did respond, but not with the requested documentation, not even minimally so. He responded with a motion for dismissal based on “standing” rather than the merits of the case]

"The Washington Secretary of State Office is specifically charged with certifying and guaranteeing the veracity of official documents and overseeing the elections to wit the people’s confidence in the fundamental aspect of democracy is maintained. To date, in this regard, Secretary of State Sam Reed has not carried out that fundamental duty.

"This lawsuit demands injunctive relief directing Sam Reed, Secretary of State, carry out the duty of his office in this regard answering the formal complaints for verification of Mr. Obama and any other candidate appearing on the ballots issues through his office for which formal complaints have been received.

"Interested Parties may contact Plaintive as follows:
Contact: Steve Marquis
Telephone Number: 425-698-7084
Email Address:
Web site address:

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