Request for Re-Hearing In Obama Illinois Challenge
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BEFORE THE DULY CONSTITUTED ELECTORAL BOARD
FOR THE HEARING OF AND PASSING UPON OBJECTIONS TO
THE NOMINATION PAPERS FOR CANDIDATES FOR THE OFFICE OF
PRESIDENT OF THE UNITED STATES
IN THE MATTER OF THE OBJECTIONS OF )
MICHAEL JACKSON )
TO THE NOMINATION PAPERS OF BARACK ) 12SOEBGP104
OBAMA AS A CANDIDATE FOR THE NOMINATION )
TO THE OFFICE OF THE PRESIDENT OF THE UNITED )
STATES TO BE VOTED UPON AT THE )
MARCH 20, 2012 ELECTIONS. )
OBJECTORS EXCEPTION TO RECOMMENDATION
OF THE ILLINOIS STATE BOARD OF ELECTIONS DATE 2/2/12, AN IMMEDIATE RE-
HEARING OF OBJECTORS CASE IS WARRANTED BECAUSE OBJECTORS TIMELY
SUBMITTED EVIDENCE WAS LEFT OUT OF THE PUBLIC RECORD FOR
CONSIDERATION BY THE BOARD
NOW COMES Objector Michael Jackson, self-represented, and moves to take
Exception to Illinois State Board of Elections Recommendation dated February 2,
2012.
Regarding RECOMMENDATION OF THE BOARD TO DISMISS OBJECTION under
the RULES OF PROCEDURE -ADOPTED BY THE STATE BOARD OF ELECTIONS
SITTINGAS THE DULY CONSTITUTED STATE OFFICERS ELECTORAL BOARDFOR THE
HEARING AND PASSING UPON OBJECTIONS TONOMINATING PAPERS SEEKING TO
PLACE ESTABLISHED POLITICAL PARTY CANDIDATES ON THE BALLOT FOR THE
MARCH 20, 2012 PRIMARY ELECTION (*,**), Objector takes EXCEPTION to the
following:
1. OBJECTOR CONTESTS BOARDS ACTION OF HIDING FROM THE PUBLICRECORD THE OBJECTORS HEARING EXAMINER EXCEPTION DATED
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1/31/12 AND OBJECTORS NATURAL BORN LAW MEMORANDUM AMICUS
BRIEF THAT PROVES BARACK OBAMA IS NOT A NATURAL BORN CITIZEN.
During the hearing conducted Feb. 2, 2012 on the Objection, Objector
requested to speak before the Board, but he was denied. Regardless of
whether the timely submitted aforementioned Exhibit and Exception to the
Hearing Examiners Recommendation to Board were erroneously excluded
or spoliated from the Illinois Public Record, an immediate emergency
rehearing on the evidence submitted by the Objector is warranted by the
board.
Candidate Obamas attorney argued and the Board appears to erroneously
believe that dicta from an Indiana Appellate Court case (Anekey v.
Governor of Indiana 916 N.E. 2d 678 (In. App. 2009)) overrides the U.S.
Supreme Court precedent Minor v. Happersett on the definition of Natural
Born Citizen.
Candidate Obama is a Constitutionally ineligible candidate for President
and he cannot possibly have valid nomination papers, because any
nominating petition signed would be fraudulent on its face.
The Illinois State Election Board has been duly informed of Candidate
Obamas U.S. Constitutional ineligibility under Article II, Section 1, Clause
5, of the U.S. Constitution.
If the Board allows Candidate Obama on the ballot, they commit massive
fraud against the citizens of the state of Illinois.
Respectfully Submitted,
s//Michael Jackson
______________________________
Michael Jackson, OBJECTOR
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2/3/2012
*In cases where a hearing examiner is appointed, the Board shall not issue a final
decision until a proposal for decision submitted by the Hearing Examiner is servedupon the parties and an opportunity is afforded each party to take exceptions,
whether written or oral, and, if the Board so permits, oral argument before the
Board. The Board will make a final ruling on the objection andmay consider the
following as part of its consideration and appraisal of the record: the petition and
the objection thereto, the hearing transcript, the hearing examiner's outline,
recommendations andproposal for decision, and any exceptions, briefs, exhibits,
offers of proof or arguments presented by the parties.
**The Chairman shall make all necessary
evidentiary rulings, subject to appeal to the entire Board. Where a hearing
examiner has been appointed, he or she will receive all evidence and make
all evidentiary rulings, subject to review by
the entire Board. The Board will not retry issues heard by a hearing
examiner unless the hearing examiner has excluded evidence the Board
believes should have been admitted. In such cases the Board will hear the
excluded evidence and such other evidence as may be appropriate inresponse to the matter excluded. The Board will not hear evidence that
could have been but was not presented to the hearing examiner, nor will
the Board consider objections that could have been, but were not raised in
the original objection.
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STATE BOARD OF ELECTIONS
STATE OF ILLINOIS
1020 South Spring Street, P.O. Box 4187 BOARD MEMBER
Springfield, Illinois 62708 William M. McGuffage, Chairm
217/782-4141 TTY:217/782-1518 Jesse R. Smart, Vice Chairm
Fax: 217/782-5959 Harold D. Bye
Betty J. Coff
James R. Thompson Center Ernest L. Gow
100 West Randolph, Suite 14-100 Judith C. Ri
Chicago, Illinois 60601 Bryan A. Schneid
312/814-6440 TTY: 312/814-6431 Charles W. Scho
Fax: 312/814-6485
EXECUTIVE DIRECTOR
Rupert T. Borgsmiller
PUBLIC NOTICE
STATE BOARD OF ELECTIONSand
STATE OFFICERS ELECTORAL BOARDMEETING
The Illinois State Board of Elections will conduct a SPECIAL Board Meeting on Thursday, February 2, 2012
The meeting is scheduled to begin at 11:00 a.m. in the Boards conference room 14-100 in the James RThompson Center, 100 W. Randolph Street, Chicago, IL and via video conference at the Boards principoffice located at 1020 S. Spring St., Springfield, IL. Admittance to the 14th floor of the Thompson Centrequires security screening and production of a government issued identification.
The State Board of Elections will convene to consider the candidate withdrawal of Alan Nudo - 52 nd SenaDistrict following certification.
The State Officers Electoral Board will also consider the following objections to candidate nominating petitiofor the March 20, 2012 General Primary Election:
a) Brimm v. Newman, 12SOEBGP102;b) Freeman v. Obama, 12SOEBGP103;c) Jackson v. Obama, 12SOEBGP104;d) Petzel v. Ritter, 12SOEBGP522;e) Rodriguez v. Rutagawibira, 12SOEBGP523;f) Coyle/Bigger v. Miller, 12SOEBGP524;g) Schaeflin/Brezinski v. Cunningham, 12SOEBGP525;h) Billerman/Pettlon v. Harris, 12SOEBGP526;i) Cunningham v. Biggert, 12SOEBGP527;
j) Cunningham v. Harris, 12SOEBGP528;k) Sutton v. Baker, et al,. 12SOEBGP501.
The State Officers Electoral Board will also consider objections wherein the objection was withdrawn in thmatter of Meroni, et al. v. Obama12SOEBGP500.
The State Officers Electoral Board will recess to the State Board of Elections and may address other matteas needed and/or recess into executive session to consider litigation and/or personnel matters.
DATED: January 31, 2012
Rupert T. Borgsmiller, Executive Director
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BEFORE THE DULY CONSTITUTED ELECTORAL BOARD
FOR THE HEARING OF AND PASSING UPON OBJECTIONS TO
THE NOMINATION PAPERS FOR CANDIDATES FOR THE OFFICE OF
PRESIDENT OF THE UNITED STATES
IN THE MATTER OF THE OBJECTIONS OF )
MICHAEL JACKSON )
TO THE NOMINATION PAPERS OF BARACK ) 12SOEBGP104
OBAMA AS A CANDIDATE FOR THE NOMINATION )
TO THE OFFICE OF THE PRESIDENT OF THE UNITED )
STATES TO BE VOTED UPON AT THE )
MARCH 20, 2012 ELECTIONS. )
OBJECTORS EXCEPTION TO RECOMMENDATION OF THE HEARING EXAMINER
DATED JANUARY 27, 2012
NOW COMES Objector Michael Jackson, self-represented, and moves to take Exception to Hearing
Examiners Recommendation dated January 27, 2012.
Regarding RECOMMENDATIONS OF THE HEARING EXAMINER takes Exception to the following:
1. OBJECTOR CONTESTS PARAGRAPH 9 AND 10
Paragraph 9 and 10 are incorrect. Objector did in good faith file a response as proven by Number 10
which is Exhibit 1 of Objectors Opposition to Candidates Motion to Strike and Dismiss Objectors
Petition, which Hearing Examiner Tenuto admitted to receiving before the deadline. Due to Objectors
error in sending the email to the Examiner and opposing council, the Opposition to the Motion to Strike
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did not arrive before the 5p.m. deadline. However the email labeled the Amicus Brief did arrive as
Exhibit 1 Amicus Brief on Natural Born for Memorandum of Law for Opposition to Motion to Dismiss.
Exhibit 1 is an Amicus Brief that was just accepted into Obama ballot eligibility cases in Georgia, it is not
illogical, nonsensical and not worthy of consideration. On its face as an Amicus Brief that proves
Obama is NOT Constitutionally eligible. The Examiner appears to have made this judgment out of
context. The Amicus Brief is a thorough legal brief based in law which 100% supports Objectors
argument that Obama is NOT a Natural Born Citizen because of post 14th Amendment Supreme Court
ruling Minor v. Happersett, 88 U.S. pg. 167-168 (1875).
Minor v. Happersett, 88 U.S. pg. 167-68 (1875): Additions might always be made to the citizenship of
the United States in two ways: first, by birth, and second, by naturalization. This is apparent from the
Constitution itself, for it provides that no person except a natural-born citizen, or a citizen of the United
States at the time of the adoption of the Constitution, shall be eligible to the office of President, and
that Congress shall have power to establish a uniform rule of naturalization. Thus new citizens may be
born or they may be created by naturalization.
The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had
elsewhere to ascertain that. At common-law, with the nomenclature of which the framers of the
Constitution were familiar, it was never doubted that all children born in a country of parents who
were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-
born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as
citizens children born within the jurisdiction without reference to the citizenship of their parents. As to
this class there have been doubts, but never as to the first. For the purposes of this case it is not
necessary to solve these doubts. It is sufficient for everything we have now to consider that all children
born of citizen parents within the jurisdiction are themselves citizens (emphasis added).
Objector resubmits the above referenced Amicus Brief by Leo Donofrio as his adopted Memorandum of
Law for this petition. (Exhibit 1)
2. OBJECTOR CONTESTS PARAGRAPH 4 UNDER MOTION TO DISMISS
The Hearing Examiner contends that the birth certificate attached as Exhibit A clearly establishes the
Candidates eligibility for office as a Natural Born Citizen. The Hearing Examiner is legally incorrect on
his assessment that Obamas birth certificate proves he is a Natural Born U.S. citizen. Obamas counsel
has submitted never before seen prima facie evidence to the Illinois State Elections Board. Obamas
long form Hawaii birth certificate was not available to the Board during the 2008 election cycle. This
birth certificate proves that Obama is a native born citizen of the United States and on its face also
proves that Candidate Obama is NOT a NATURAL Born Citizen. His mother Stanley Ann Dunham was a
U.S. Citizen but his father Barack Hussein Obama, Sr., was a Kenyan foreign national with British
Citizenship that was passed to Candidate Obama by right at his birth under the British Nationality Act of
1948: 4)Subject to the provisions of this section, every person born within the United Kingdom and
Colonies after the commencement of this Act shall be a citizen of the United Kingdom and Colonies by
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birth: (5)Subject to the provisions of this section, a person born after the commencement of this Act shall
be a citizen of the United Kingdom and Colonies by descent if his father is a citizen of the United Kingdom
and Colonies at the time of the birth ...."
Further, Obama, Sr. was only on a student visa in the United States at the time of Candidate Obamas
birth. (Exhibit 2) Candidate Obama, a British born citizen, cannot possibly be a U.S. Natural BornCitizen.
Moreover, the federal government recognizes that there is a legal difference between Native born and
Natural Born citizens: (http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-45104/0-0-0-
48602.html).
Candidate Obamas attorney argued and Hearing Examiner appears to erroneously believe that dicta
from an Indiana Appellate Court case (Ankeny v. Governor of Indiana 916 N.E. 2d 678 (In. App. 2009)
overrides the U.S. Supreme Court precedent Minor v. Happersett on the definition of Natural Born
Citizen.
Candidate Obama is a Constitutionally ineligible candidate for President and he cannot possibly have
valid nomination papers, because any nominating petition signed would be fraudulent on its face.
The Illinois State Election Board has been duly informed of Candidate Obamas U.S. Constitutional
ineligibility under Article II, Section 1, Clause 5, of the U.S. Constitution.
If the Board allows Candidate Obama on the ballot, they commit massive fraud against the citizens of
the state of Illinois.
Respectfully Submitted,
/s/ Michael Jackson
______________________________
Michael Jackson, OBJECTOR
1/31/2012
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JacksonlRl.jpg (JPEG Image, 609 x 746 pixels) http://obamaballotchallenge.comlwp-contentluploads/20 12/0
'N,lli::\rr' ~,eGIIH~g~ILState BO Chairmen1020 Sprm~ St.:Sp l.ng fl ld, IL 6 o~Dc.ar Chalrman McGutfage,M f name IS M~'fr:sj,den t is I an a rc is crcd voter in rne'5 ate of IL I arn a constrtuuenatrv law "biding .5. cinz '11 tiorn Of! U.S. &011, I\.1 father "
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"Addition
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British law and this according to the British Nationali ty Act of 1948 asfol lows: (1/)"5ubject to theprovisions of this section, every person born within the United Kingdom and Colonies after thecommencement of this Act shall be a citizen of the United Kingdom and Colonies by birth: (S)Subject tothe provisions of this section, a person born after the commencemenr of this Act shall be a citizen of theUni ted Kingdom and Colonies by descent if his father is a citizen of rhe Unlred Kingdom and Colonies otthe time of the birth ...Under the British Nationality Act of 1948, Obama's father became a British citizen under Section 4 bybeing born on the so il of an English Colony, Kenya. Under Section 5, when Obama wa s born in 1961 inHawaii or some other place, he automatically became a British citizen by descent f rom his father whowas a British citizen under Section 4. Barack Obama's father never became a U.S. citizen. He was aforeign student on a VISAgranted by the INS. Supporting documents and references will be provided toattest to the veracity of these fac ts ( ).
It therefore appears that Barack Obama does not meet the Constitutional requirements for seeking andholding the off ice of President of the United States because: Mr. Obama isnot a natural born citizen, asrequired by Article II, Section 1of the Uni ted States Constitution. Accordingly, I hereby challenge Mr.Obama's qualifications to seek and hold the office of President of the United States on such gr ound s.I, Michael Jackson seek relief by the prohibition of Barack Hussein Obama on the U.S. Presidential ballot.Barack Hussein Obama is not "legally qualified" to be on the president ial ballot as he is not a NaturalBorn Citizen, which is a requirement mandated in Article II Section I Clause V of our U.S. Constitution tobe eligible for President or Vice President. Moreover, I would seek relief in the recovery of all litigationexpenses incurred; that my 14thAmendment rights provided in Section 1 of U.S.Constitution are notdeprived nor caused to suffer injury.
For Christ and Country and Most Respectfully,Signedy/t-d,oJ! ! j l ~l(i:,6'>-Date !-t) - IL
ljV'vKC J .. - 5Zl. ( _SEAl.TERRY L. SCHULTZ