Professional Documents
Culture Documents
Case No.
1120465
BETH CHAPMAN,
i n h e r c a p a c i t y as S e c r e t a r y o f S t a t e , Appellee.
IE
ND
FR
DOCSBHM\1933770\1
OF
TH EF O
T h o m a s A. W o o d a l l B a r r y A. R a g s d a l e S I R O T E & PERMUTT, P.C. 2311 H i g h l a n d Avenue S o u t h P o s t O f f i c e B o x 55727 Birmingham, AL 35255-5727 Tel.: (205) 930-5100 Fax: (205) 930-5335 E-mail: twoodall@sirote.com A t t o r n e y s f o r amicus curiae Alabama D e m o c r a t i c P a r t y
GB OW .C OM
TABLE OF CONTENTS
T A B L E OF CONTENTS T A B L E OF CONTENTS STATEMENT ARGUMENT I . OF I N T E R E S T OF A M I C U S C U R I A E "StrMMARY OF ARGUMENT":": " " : " : \ " " : " " ; T ~ " : T " " ; " " " : : " " " r
OM
i i s not an Submitted
i i 1 2 3
NO A L A B A M A COURT HAS S U B J E C T - M A T T E R J U R I S D I C T I O N R E G A R D I N G ANY MATTER CONCERNING THE R E - E L E C T I O N OF P R E S I D E N T BARACK OBAMA 3 THE C L A I M S FOR P R E - E L E C T I O N R E L I E F WITH R E S P E C T THE 2 0 1 2 P R E S I D E N T I A L C A N D I D A T E S A R E MOOT TO 7
THERE I S NO C R E D I B L E E V I D E N C E THAT P R E S I D E N T OBAMA WAS BORN ANYWHERE OTHER THAN H A W A I I 10 THE SECRETARY OF STATE HAS NO OBLIGATION TO INVESTIGATE UNFOUNDED, UNSUBSTANTIATED AND POLITICALLY MOTIVATED CONSPIRACY THEORIES REGARDING A P R E S I D E N T I A L CANDIDATE'S ELIGIBILITY FOR O F F I C E 15
TH
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Arizona
CONCLUSION
OF
BO W .C
"Official 16 are 19 21 22
FR
IE ND
i
DOCSBHM\1933770\i
TABLE OF AUTHORITIES
CASES
GB OW .C OM
- Bank,
Page(s)
Dennis v. Scarborough, 360 S o . 2 d 2 7 8 , 279 ( A l a . 1978) Etheridge v. State ex r e l . Olson, 730 S o . 2 d 1179 ( A l a . 1999) Ex p a r t e Seymour, 946 S o . 2 d 536,538
20
TH EF O
( A l a . 2006)
15
19
OF
H o l l i s t e r v. Soetoro, 258 F.R.D. 1 (D.D.C. 2 0 0 9 ) , aff'd, 368 F e d . A p p x . 154, 2010 WL 1169793 (B.C. C i r . 2010) M i n g k i d v . U.S. A t t ' y G e n . , 468 F . 3 d 7 6 3 , 768 (11^^ C i r . 2006) Sears v. Carson, 551 S o . 2 d 1054, 1056 ( A l a . 1989) S m i t h V. A l l e n , 5 0 2 F . 3 d 1 2 5 5 , 1 2 6 7 (11^^ C i r . 2 0 0 7 ) S t a t e D e p t . o f Revenue v . A r n o l d , 909 S o . 2 d 192, 194 ( A l a . 2005)
14
ND
IE
15
FR
20
ii
DOCSBHM\1933770\1
15
GB OW .C OM
States States
17
O T H E R AUTHORITIES
Rule
56(e),
A l a . R. C i v , P 902
20
Ala.R.Evid.
13
G e n e r a l O p i n i o n No. 1 9 9 8 - 2 0 0 Advertiser,
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Alabama C o n s t i t u t i o n
. . 3
...15,16,18 12 12
Star-Bulletin,
A r t i c l e I I , S e c t i o n 1, o f t h e U n i t e d Constitution
OF
Amendment X X I I , Constitution
S e c t i o n 1, o f t h e U n i t e d
9 18
www. s h e r i f f s . o r g / c o n t e n t / f a q
FR
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iii DOCSBIIM\1933770\1
Amicus in this
Curiae appeal
Alabama because
Democratic
Party
has an seek
the Appellants
c-h-aXlenge----th-e----eli-g-ibiXi-ty----0-f-----Er-es.i-dent.- B a r a c k appeared President. eligibility certificate nomination So.3d on the ballot as party the
"A p o l i t i c a l of
has t h e r i g h t and to
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refuse a Bryan addition, rumors
Democratic
i t s nominees
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to to the that to and
entered." In
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of nomination
o r t o revoke
certificate v. Hubbard,
Democratic Alabama a
Party
has an
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491,
2008).
interest
i n ensuring
party's
nominees regarding
based
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Secretaries
of State
on i n t e r n e t
FR I
EN
DS
OF
assertions
their
qualifications.
OM
herein
interest to
Alabama future
disqualify unfounded
1
DOCSBHM\1933770\1
SUJdMARY OF ARGUMENT
attack
on to
reelection acted
correctly, jurisdiction
because
regarding
Goode's 2012
relief are
presidential there
simply, do
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nothing
t o change
of President
second
term of o f f i c e .
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of President Obama President. The no Alabama court any matter Furthermore, with Mclnnish respect moot. clearly any Alabama court Obama's e l e c t i o n
The
trial
court
dismissed
Mclnnish
and
Goode's to
trial has
concerning and
2
DOCSBIiM\1933770\l
I n November President by
o f America. duly
Mclnnish
the electors
and,
as theworld 2 013,
knows.
January Court
Now, h o w e v e r , M c I n n i s h t h e scope
t o exceed
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should jurisdiction
of i t sjurisdiction or results
matters 2012
concerning This
t h e conduct Court
election.
OF
types
of cases.
derived Code."
t h e Alabama Seymour,
parte
ND
i n original) .
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therelief
FR
election,
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voted . That and 536, the a n d Goode
ARGUMENT
by addressing
o f t h e November
power i s Alabama
538 ( A l a .
3
DOCSBHM\!933770\1
I I ,
1,
of
the
United except a
States natural of
be
eligible
to
regarding born
[President]
Obama
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i s whether a t 9. brief, to hold Obama's relief: according to "the Secretary certificates relief.
President."
According
to Mclnnish
a n d Goode,
Appellants'
they
hiseligibility 2 0 0 9.
the o f f i c e
occupied
January of
In order
so-called Mclnnish
"question" a n d Goode s e e k
the following
brief,
OF
"We u r g e n t l y a s k t h i s honorable Court to grant this writ ordering the Secretary [of State] to o b t a i n b i r t h c e r t i f i c a t e s from t h e candidates f o r President of the United States f o r the election w h i c h was h e l d i n N o v e m b e r , 2 0 1 2 . . . . I f such birth certificates are not forthcoming w i t h i n 45 days after order of this Court, the votes c e r t i f i e d f o r any candidate n o t responding should be decertified." at
TH
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President
Further, direct
this
Court
should
IE ND
to require
a l l presidential fide
candidates birth
2012 for
election
t o submit bona No
verification."
law gives
FR
Alabama court
t h e power t o o r d e r
OM
provides
"[n]o person
core
i s a other he
Mclnnish of State
4
DOCSBHM\!933770\1
has
been fall
in
stating
that
v. "a
Carson, court
does
1179, 1975,
1182
provides may
officials as any
Mclnnish federal of at
and
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office, President
and
of
33.
Furthermore, eliminates
as
17-16-44
jurisdiction a t 34.^
elections." is undisputed
Appellants' that
OF
brief, i s no
there now
statutory
Mclnnish
a n d G o o d e may
challenge
President.
^ S e c t i o n 17-16-44 p r o v i d e s , i n p e r t i n e n t p a r t , t h a t " [n] o j u r i s d i c t i o n e x i s t s i n o r s h a l l be e x e r c i s e d b y any j u d g e or c o u r t t o e n t e r t a i n any proceeding f o r ascertaining the legality, c o n d u c t , o r r e s u l t s o f any e l e c t i o n , e x c e p t so far as authority to do so shall be specially and s p e c i f i c a l l y e n u m e r a t e d a n d s e t down b y s t a t u t e . " 5
FR
DOCSBHM\1933770\1
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So,2d 1054, 1056 not have a jurisdiction statute r e l . Olson, 730 1 7 - 1 6 - 4 0 (2) , A l a b a m a of certain their "statute does does not not mention States." admit, to also challenge I n other basis upon the e l i g i b i l i t y
do n o t
the scope of
judicial (Ala. to
Alabama
with
an
insurmountable
jurisdictional
hurdle,
claims, the
arguing
that of
question the
legality of
impact the
'conduct' of
the election,
results
their of t h e i r Mclnnish
belie
having
to require election
EF
certificates lawsuit i s
TH
recent
OF
i n the
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their the " l a w s u i t does not election, nor does n o r does Appellants' this brief, at description of of the r e l i e f challenge the Court "[direct a l l presidential submit bona to fide I d . , a t 10. of at those 36. Id, , I f such of the Secretary he f o r the office such a birth sought, the votes f o r such of the a candidate conduct of concern
a n d Goode
r e s o r t t o a complete
mxscharacterization seek i t
i t contest 36.
the
they
President the
certificate candidate
does
State or
was
eligible
ND
candidate
does
certificate, candidate
"decertified."
IE
Mclnnish
and Goode
would
FR
Issues on
regarding a ballot
appeared
clearly
DOCSBHM\]933770\1
election, the
and t h e r e l i e f No address or
sought
could court
affect has
authority Mclnnish
to
a n d Goode
Consequently,
the t r i a l
II. THE CLAIMS FOR PRE-ELECTION RELIEF 2012 PRESIDENTIAL CANDIDATES ARE MOOT.
Eight of State
months would
after not
Mclnnish
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investigate he
candidate, petition,
a n d Goode requested
they
of State
t o demand
. . . cause
a certified
certificate the
OF
government
i n which
i ti s stored," be made] a
ND
[certificate placed
prerequisite
general
IE
election." that
brief,
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requested injunction
the court
preventing
t h e placement
DOCSBHM\1933770\1
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issues raised the relief they t h e case. WITH RESPECT TO learned the that eligibility filed that this of case. "the court that copy of their bona the to their f o r t h e November a t 1. Further,
election.
Alabama
been
request.
THE
a l l [presidential] fide
directly record
"thereceipt of name
6, 2 0 1 2 they
ballot
until
their Id. By
had
been
conclusively
Goode
question that
whether one
Obama office
meets of
must to
be
citizen, of his
they
filed
.C
this v. 200 9) any no court or
requirement
elected
require any
eligibility. for
BO W
longer the 502 U.S. court F. 3 d (Ala. can be can the be 2 012 Alabama conduct,
Id. , at
their 2012
claims
pre-election candidates
respect
presidential
case
is with
moot
when
i t no to
OG
presents can
respect
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which Allen, v.
2007) 768
(quoting
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relief.'"
Smith
v.
Mingkid See 71
Att'y
( l l " ^ C i r . 2006)),
a l s o Barber n.5
Inc.,
OF
42
So.3d
65,
question
is
whether
there
relief).
Both or
DS
legally
and
there to no
EN
effective As
FR I
election.
authority of that
to
legality, relief
election.
Because
is available after
OM
are a 1255, Gen. ,
determined."
admission,
Mclnnish
and
the
meaningful
results the 8
DOCSBHM\1933770\1
election
with
regard
to
the candidates,
ipso
facto,
the
Obama
appeared
on t h e Alabama
Party.
results
certified votes
long
electoral
were
vote, of
of
GB OW .C OM
ballot The e l e c t i o n ago. Although cast, consistent with the Republican votes were Party, cast reelected. He this country's nothing that Thus, this reality. and Goode's again to the office 1, o f t h e U n i t e d shall twice." Alabama of an ballot as repetition f o r such
pre-election
claims
i n v o l v i n g the candidates
a r e moot.
as t h e
was h e l d a n d a l l of the a
electoral he was as
for
Obama and
has been
TH EF O
There to
January court
2 017.
i s absolutely
Alabama action
c a n do
change
take
obj e c t cannot
Obama,
OF
be
elected Section
Amendment X X I I ,
States
provides
that
be e l e c t e d t o Consequently, a
ND
of
President
President
Obama's
appearance
presidential
IE
candidate nothing
i s not capable
and, a
FR
therefore,
involving
his eligibility
9
DOCSBHM\i933770\!
candidacy avoiding
within
t h e "capable t o t h e mootness
of repetition yet
PRESIDENT OBAMA
Thesepeoplecouldhavepersonally witnessed Obama be ing born ou t of an appl e pie, in the middle of a Kansas wheat f i e l d , while Toby Keith sang the National Anthem ~ and they'd still think he was a Kenyan Muslim, " -Jimmy Mclnnish the Secretary with a n d Goode r e p e a t e d l y o f State Kimmel
EF OG
assert
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that they County that In admissible them. evidence, t o interfere on nothing
Court
substantial
Obama's Mclnnish
birth and
certificate Goode
i s a
"forgery."
TH
submitted
no
repeated
discredited
rumors
andtribunal
OF
been
rejected by every a u t h o r i t a t i v e
that
national
IE ND
Goode
asked
Instead
Presidential
election that
based
unsubstantiated t o do w i t h a n y t o do w i t h
"opinions"
and "beliefs"
have
FR
kind
of proper
a jaundiced
andjaded
DOCSBHM\1933770\]
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exception
doctrine.
WAS
provided Circuit
10
In Obama's a
order birth
f o r one
t o accept
the claim
that
President into
so v a s t
and b y z a n t i n e of
taxes
to entertain others of
and
selectively make
ignore
facts.
Barack
on August
4, 1 9 6 1 .
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publicly
announced
1 Brills,
IE
ND
OF
?f--;/f'^Sti:'"l
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DOCSBHM\!933770\1
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that reasonable minds. the theory advanced their i l k , one The undisputed was Obama born 1 !
certificate
i t sincerely More by
has t o facts i n
birth
newspapers i n
11
See also
Honolulu Honolulu
(HI)
Advertiser, Star-Bulletin,
Aug. Aug.
13,
p. 1961.
B-6; As
See a
consequence, birth
any
theory is
that
the
certificate
forged that
to
start
conspiracy has to
Further, went
W
in he of and and See in assume
also believe
parents
the
BO
later the has by Dr. of to
extraordinary Hawaii
announce convinced
their that
son's four
birth
EF OG
decades born
prove the
that
he
was
natural
citizen
become States.
first
African-American
President
Second, on
i t is also
TH
undisputed has
that
State
multiple and
officially Hawaii
certified original,
OF
that of
paper
President
Obama's
showing 27,
his 2009
birth
i n Honolulu.
ND
July
Statements
Chiyome Health,
hereto
IE
Director
of
Hawaii
State A.
Department
as
Exhibit
Anyone
believing has
FR
Goode's b i z a r r e
conspiracy
theory
DOCSBHM\]933770\1
.C OM
with began would in order the of maintains 1961 October Mclnnish that
President' s the
more that
United
Hawaii
dozens
12
of
career
employees of V i t a l
of the Hawaii
Department
of Health
and
Third, of Health,
i n 2 011, Dr.
of the Hawaii at
provided the
the
White
House
with
original
OG BO W
letter from as additional formally birth true verified 2012 and hereto as certifications the very Mclnnish that the
Certificate Dr.
.C
two B. May was and
Loretta
the request
April
President certified
Obama, copies
attached
hereto
Exhibit
EF
two
occasions that
copy
TH
State
of
Hawaii
t h e White original, of
OF
certificate 22,
Hawa i i . of
See
Birth,
attached
ND
of
those of
formal of
Sheriff
IE
Secretary
State
Arizona,
Arpaio
calls i n
FR
Finally,
order
conspiracy
theory,
one h a s t o assume
DOCSBHM\ 193377011
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of Fuddy 31, Exhibit issued state
Registrar
Statistics
a r e i n on t h e p l o t .
Department of the
certified Live to
These
since the
President's 13
forged
birth
certificate during a
was
that and
campaigns John
neither
McCain
Romney anyone
could that
necessary to
office
of
W
do of so state to
President
United The
i s
that
the
"birther" or
BO
the money of efforts process should
movement law.
either still
the
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facts
promote
not
natural
born
who
TH
ideological
reasons
(or, i n the
the handful
to raise Scores
financial have
gain).
OF
summarily
rejected
intervene cabal
of z e a l o t s .
FR
^ A s o n e c o u r t h a s n o t e d : "Many p e o p l e , p e r h a p s a s m a n y a s a couple o f dozen, f e e l deeply about t h i s i s s u e . " H o l l i s t e r v. Soetoro, 2 5 8 F.R.D. 1, 2 (D.D.C. 2 0 0 9 ) , aff'd, 3 68 F e d . A p p x . 1 5 4 , 2 0 1 0 WL 1 1 6 9 7 9 3 (D.C. C i r , 2 0 1 0 ) . 14
DOCSBHM\1933770\1
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muster their of has The for have on b e h a l f do l i k e w i s e .
challenged
grueling
Hillary the
opponent the
no few
President purely of
tortured
reading
of Attorney
General's
Opinion General
.C
Bill added) .
The
entirety
of the Appellants'
case
i s premised No.
No. 1 9 9 8 - 2 0 0 , A t t o r n e y
BO W
might have
TH
The Code d o e s n o t r e q u i r e t h e S e c r e t a r y o f S t a t e to d e t e r m i n e whether each nominee meets a l l t h e qualifications f o rh i s or her particular office. Some o f t h e q u a l i f i c a t i o n s , however, a r e w i t h i n t h e S e c r e t a r y o f S t a t e ' s o f f i c i a l knowledge. By o f f i c i a l k n o w l e d g e I mean knowledge g a i n e d from an official source arising from t h e performance o f d u t i e s p r e s c r i b e d b y law. . . . I f the Secretary of S t a t e h a s o f f i c i a l knowledge t h a t a c a n d i d a t e h a s n o t met a c e r t i f y i n g q u a l i f i c a t i o n , t h e S e c r e t a r y of S t a t e should n o t c e r t i f y t h e candidate.
EF
at 3 of
OG
(emphas i s
OF
examples of
the circumstances
Secretary
State
Of c o u r s e , as t h i s Court i s w e l l aware, "an a t t o r n e y general's o p i n i o n i s o n l y a d v i s o r y ; i t i s n o t b i n d i n g on t h i s C o u r t and does n o t have t h e e f f e c t o f law." Farmer v. Hypo H o l d i n g s , I n c . , 675 S o . 2 d 3 8 7 , 390 ( A l a . 1996) . S e e a l s o T o w n s o n v . S t o n i c h e r , 9 3 3 S o . 2 d 1 0 6 2 , 1 0 6 6 ( A l a . ) ("An a t t o r n e y general's o p i n i o n i s n o t b i n d i n g on t h i s Court and does n o t have t h e e f f e c t o f l a w . " ) ; S t a t e Dept. o f Revenue v. A r n o l d , 909 S o . 2 d 1 9 2 , 194 ( A l a . 2005) ( A t t o r n e y General "opinions are not controlling, b u t merely advisory, and serve to offer p r o t e c t i o n from l i a b i l i t y only t o 'such o f f i c e r ' t o whom t h a t o p i n i o n i s d i r e c t e d . " ) . 15
FR
DOCSBHM\1933770\1
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IV. THE SECRETARY OF STATE HAS NO OBLIGATION TO INVESTIGATE UNFOUNDED, UNSUBSTANTIATED AND POLITICALLY MOTIVATED CONSPIRACY THEORIES REGARDING A PRESIDENTIAL CANDIDATE'S E L I G I B I L I T Y FOR OFFICE.
on a
1998 Pryor's
Aft er under
"official
knowledge" to file
of a candidate's
lack
of qualifications
(failure t o meet a
statutorily 200
established filing
deadline), Opinion
concludes:
Id.
OG
BO W
that such and
The S e c r e t a r y o f S t a t e d o e s n o t h a v e a n o b l i g a t i o n to evaluate a l l of the qualifications of the nominees of p o l i t i c a l parties and independent candidates f o r state offices prior to c e r t i f y i n g such nominees and c a n d i d a t e s t o t h e probate judges p u r s u a n t t o s e c t i o n s [17-9-3] a n d [17-13-22] o f t h e Code o f Alabama.
the
Secretary
of of
EF
investigate has
knowledge" not of
from
an " o f f i c i a l The
TH
qualifications
candidates
unless
source"
qualified. State
i n the present
OF
as f a r from
knowledge" A.
as you cang e t .
EN D
In
support duty
of their to
claim that
the Secretary
FR I
has
President slavishly
certificate, affidavit of
Mclnnish a
politically
motivated
DOCSBHM\1933770\1
.C OM
provides of Obama's rely on
required ethics
d i s c l o s u r e s and f a i l u r e
No. 1 9 9 8 -
that the
"official
candidate i s
ethically 16
county
sheriff
from from
Arizona
named
Joe
Arpaio
profiling convened
and a group
mistreating
prisoners
in his
t h e name o f t h e " C o l d the authority into I t was who that was a a under
Case
.C
him Obama's to the
of h i s p o l i t i c a l
supporters
claims
has
Arizona posse"
OG BO W
to assist posse" expressed their President no a authority county that of source" with "official authority legal to do authority to According
assemble
"volunteer
this
"volunteer
of Arpaio
of
"forgery." Goode
that
the
TH
Mclnnish
and
EF
cite
"beliefs"
sheriff
OF
i s the type
of " o f f i c i a l of State
political has no
candidate's legal
eligibility
anything
ND
certainly i n this
has
no
* Alabama has an unfortunate history with the use of s h e r i f f ' s " p o s s e s . " S e e , e . g . , U. S. v . C l a r k , 2 4 9 F . S u p p . 720, 728 (M.D. A l a . 1965) ( e n j o i n i n g county sheriff's v o l u n t a r y posse from i n t i m i d a t i n g and i n t e r f e r i n g w i t h the constitutional rights of black voters). 17
DOCSBHM\i933770\J
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IE
law
State.
OM
for
Under pressure
i n his
their from
enforce National
there
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CONCLUSION
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COUNSEL:
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S I R O T E Sc PERMUTT, P.C. 2311 H i g h l a n d Avenue S o u t h P o s t O f f i c e B o x 55727 Birmingham, AL 35255-5727 Tel.: (205) 930-5100 Fax: (205) 930-5335
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of State, Respectfully submitted, /s/ Thomas A Woodall Thomas A. W o o d a l l (WOO009) /s/ Barry A. Ragsdale B a r r y A, R a g s d a l e (RAG003) A t t o r n e y s f o r amicus Alabama D e m o c r a t i c curiae Party
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t h e reasons
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i n this
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as w e l l
as
t h e judgment o ft h e
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CERTIFICATE OF
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I hereby c e r t i f y t h a t on t h e 23rd day o f A p r i l , 2013, I e l e c t r o n i c a l l y f i l e d the foregoing with the Clerk of the Supreme C o u r t u s i n g t h e ACIS system, a n d m a i l e d a copy t o a l l c o u n s e l i n t h i s matter as f o l l o w s :
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D E P A R T M E N T OF H E A L T H
LINDA LINGLE
GOVERNOR
BO W FO G
###
C H i Y O M E LEiNAALA FUKINO M.D. DIRECTOR Phone: (808) 586-4410 Fax: (808) 586-4444
S T A T E M E N T B Y DR. C H I Y O M E F U K I N O
" T h e r e h a v e b e e n n u m e r o u s r e q u e s t s for S e n . B a r a c k H u s s e i n O b a m a ' s official birth certificate. S t a t e l a w ( H a w a i ' i R e v i s e d S t a t u t e s 3 3 8 - 1 8 ) p r o h i b i t s t h e r e l e a s e o f a certified birth certificate to p e r s o n s w h o d o n o t h a v e a t a n g i b l e i n t e r e s t in t h e vital r e c o r d .
" T h e r e f o r e , 1 a s D i r e c t o r of H e a l t h for t h e S t a t e of H a w a i ' i , a l o n g w i t h t h e R e g i s t r a r of V i t a l S t a t i s t i c s w h o h a s statutory authority t o o v e r s e e a n d m a i n t a i n t h e s e t y p e o f vital r e c o r d s , h a v e p e r s o n a l l y s e e n a n d v e r i f i e d that t h e H a w a i ' i S t a t e D e p a r t m e n t o f H e a l t h h a s S e n . O b a m a ' s o r i g i n a l birth c e r t i f i c a t e o n r e c o r d in a c c o r d a n c e with s t a t e p o l i c i e s a n d p r o c e d u r e s .
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D E P A R T M E N T OF H E A L T H
News Release
LINDA LINGLE
GOVERNOR
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"I, Dr. C h j y o m e Fukino, Director of the Hawai'i State Department of Health, have s e e n the original vital records maintained on file by the Hawai'i State Department of Health verifying Barack H u s s e i n O b a m a w a s born in Hawai'i and is a natural-born A m e r i c a n citizen. I have nothing further to add to this statement or my original statement i s s u e d In October 2 0 0 8 over eight months ago."
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DEPARTMENT OF HEALTH
P, 0. BOX 3378 HONOLULU, HI 96801-3378
T h e Honorable Barack O b a m a President of the United States T h e White House 1600 Pennsylvania A v e n u e , Washington, D C 20500 Dear President O b a m a :
I have reviewed your request for two certified copies of your original Certificate of Live Birth. A s the Director of Health for the State of Hawaii, I have the legal authority to approve the process by which copies of such records are made. Through that authority, in recognition of your status a s President of the United S t a t e s , ! am making an exception to current departmental policy which is to issue a computer-generated certified copy. W e hope that issuing you these copies of your original Certificate of Live Birth will end the numerous inquiries received by the Hawaii Department of Health to produce this document. S u c h inquiries have been disruptive to staff operations and have strained State resources. Enclosed please find two certified copies of your original Certificate of Live Birth. I have witnessed the copying of the certificate and attest to the authenticity of these copies. A receipt for the payment of these documents is attached for your files. P l e a s e let us know if we can be of further assistance.
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NUMiER
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Office of Health Status Monitoring P.O. Box 3378 Honotulu, Hawaii 96801
Recipient of Verification:
Pursuant to Hawaii Revised Statutes 338-14.3, I verify the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. A birth certificate is on file with the Department of Health indicating that Barack Hussein O b a m a , II was born in Honolulu, Hawaii Name of Person: Barack Hussein O b a m a , il Departmentof Health File #: 151 61 10641 Time of Birth: 7:24 p.m.
Age of Mother: 18
Date of Signature of Attendant: 8-8-61 Date Accepted by Local Registrar: Aug-8 1961
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I certify that the information contained in the vital record on file with the Department of Health was used to verify the facts of the vital event.
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Additionally, I verify that the information in the copy of the Certificate of Live Birth for Mr. O b a m a that you attached with your request matches the original record in our files.
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Date Issued: May 22, 2012
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Filed 06/06/12
Page 1 of 1
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Recipient of Verification:
Scott J . Tepper and Samuel L Begiey, attorneys for the Mississippi Democratic Party in Taitz et al v. Democratic Party of Mississippi rsicl. et ai. No. 3:12- GV -00280~ HTW-LRA (S.D. Miss.)
Pursuant to Hawaii Revised Statutes 338-14,3, I verify the following: 1. The original Certificate of Live Birth for Barack Hussein O b a m a , II, is on file with the State of Hawaii Department of Health. T h e information contained in the "Certificate of Live Birth" published at http://www.whitehouse .gQv /bloq/2011/04/27/pre5ident-obamas-lon.q-formbirth-certificate and reviewed by me on the date of this verification, a copy of which is attached with your request, matches the information contained in the original Certificate of Live Birth for Barack Hussein Obama, II on file with the State of Hawaii Department of Health
2.
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I certify thatthe information contained in the vital rsisord on file with the Department of Health was used to verifyTbe facts of the vital event.
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S T A T E OF HAWAII
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