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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS Index No.: 29642 1 08


Christopher Earl Strunk,
Plaintiff,
-against-
NOTICE OF MOTION
David A. Paterson (NYS Govemor ,Andrew Cuomo
4.
S Attorney General), Thomas DIN li
P S Corn troller) Sheldon ~ i l ~ e r $ N Y ~ofy ~ e r
e ~ssembf), ~a1'comSmith
d
Hakeem Je les
Christine &7c
I" for the 5p AD),
S Assemb yman sm"r)9
of th Counca
William Thorn son (NY Comptroller),
Jim Tedisw &S Assemblyman), Dean Skelos
ident pro tempore of +e NYS Senate) in their
%cia1 % ities and ind~vidually,the Democrat
Candidate sidential Electors as a class, in their official ry
Ca acity and individually; The New York State Board
B
of lect~onsand John Does and Jane Does
Defendants,
52
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PLEASE TAKE NOTICK that upon the annexed affidavit of Christopher-Earl : S b


~esse, I ~
-
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afErmed November 11,2010 with exhibit annexed, will move for leave to file and servpthe;
Q --
Amended Summons and Verified F i Amended Complaint before the Honorable ~ a n %I.
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Schmidt the Part 47 Courtroom in the Courthouse at 360 Adams Street Brooklyn New York

10007,
3
@ day of November 2010, atJ$:30 O'clock before Noon or at a time designated by

3
the court as soon t h e d e r as coumxl can be

Christopher-Earl: Strunk in esse


593 Vanderbilt Avenue #281
Brooklyn, New York 11238
Email: chris@strunk.ws Ph. 845-901-6767

CC:

STATE OF NEW YORK Kimberly A G a l a Eq. *


OFFICE OF THE ATTORNEY GENERAL New York State Board of Elections
ANDREW M.CUOMO 40 Steuben St.
BY: JOEL GRABER, ESQ.
Assistant Attorney General
Albany ,N y , q?, *
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120 BROADWAY - F E F~;;.!\ c[&<K
NEW YORK, New York 10271 1 4 4
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Notice of Motion
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Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF KINGS Index No.: 29642 / 08
---------------------------------------------------------------------------x
Christopher Earl Strunk,
Plaintiff,
-against-
AFFIDAVIT IN SUPPORT OF
David A. Paterson (NYS Governor), Andrew Cuomo
(NYS Attorney General), Thomas P. DiNapoli OF THE MOTION FOR
(NYS Comptroller), Sheldon Silver (NYS Speaker of
the Assembly), Malcom Smith (NYS Senator), th PERMISSION TO FILE A
Hakeem Jeffries (NYS Assemblyman for the 57 AD),
Christine Quinn (NYC Speaker of the Council), FIRST AMENDED COMPLAINT
William Thompson (NYC Comptroller),
Jim Tedisco (NYS Assemblyman), Dean Skelos
(President pro tempore of the NYS Senate) in their
Official Capacities and individually, the Democrat
Candidate Presidential Electors as a class, in their official
Capacity and individually; The New York State Board
of Elections and John Does and Jane Does
Defendants.
-------------------------------------------------------------------------x

STATE OF NEW YORK )


) ss.
COUNTY OF KINGS )

Accordingly, I, Christopher Earl Strunk, being duly sworn, depose and say under

penalty of perjury:

1. That I am the self represented Plaintiff, Christopher Earl Strunk in esse

(Affirmant, Strunk) with place for service at 593 Vanderbilt Avenue – 281 Brooklyn

New York 11238 telephone (845) 901 -6767 and email: chris@strunk.ws.

2. That I am of sound mind, make this statement without reservation or intent

of deception or connivance in the matter of my own, my family and associates’ well

being safety and rights.

3. This Affidavit is in support of the Notice of Motion for permission to file a

First Amended Complaint (FAC) to the underlying Verified Complaint filed on or

about October 27, 2008 and is filed with leave under CPLR Rule 305 and Rule

3025(b); there is no previous request for this relief, nor is there another to benefit.

Plaintiff’s Affidavit Page 1 of 6


Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

4. That the Verified FAC with Summons annexed herewith provides nunc pro

tunc additional facts and details as a more definite statement of the ongoing injury

suffered by Plaintiff along with those similarly situated and that requires the

addition of necessary parties and the treatment of the Democratic Party Electoral

College of New York as a Class rather than as a matter of individual persons in that

the election and vote has already occurred and is merely a matter of state and

federal record at the present; and further,

5. That Plaintiff’s injury as a matter of complexity requires standing with CPLR

§1353 regarding civil preceding regarding enterprise corruption by all Defendant

individuals’ malicious promotion of a scheme to defraud the people of the New York

state in promotion of ballot fraud with the 2008 election cycle with ineligible

Presidential Candidates intent to launder campaign funds both foreign and

domestic to seize the Executive.

6. That necessary Parties as yet known are joined herein pursuant to CPLR

§1354 as persons and or enterprise not convicted of the crime of enterprise

corruption that is a party to a civil action under this Article 13, whenever joinder of

such person or enterprise is necessary with CPLR §1001; and according to Penal

Law § 460.40 Enterprise corruption jurisdiction is afforded the Court for

participation by a person(s) preparatory to, however separate from a State Finance

Law Article 13 Section 190 application.

7. That Plaintiff alleges a suffrage and property taking injury effected by

violation of Penal Law § 105.35 by all Defendants individually that are part of a

Plaintiff’s Affidavit Page 2 of 6


Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

conspiracy of enterprise corruption against the fisc and real property owners as a

class similarly situated with applicability for purposes of this article, as to

conspiracy to commit the crime of enterprise corruption in violation of section

460.20 of this chapter shall not constitute an offense; however, includes but is not

limited to:

Penal Law : § 155.30 Grand Larceny in the fourth degree when The property,

regardless of its nature and value, is taken from the person of another; § 170.10

Forgery in the second degree; § 175.25 Tampering with public records in the first

degree; § 175.35 Offering a false instrument for filing in the first degree; § 175.40

Issuing a false certificate; § 210.40 Making an apparently sworn false statement in

the first degree; § 200.04 Bribery in the first degree; § 190.65 Scheme to defraud in

the first degree; § 470.05 Money laundering in the fourth degree; and further,

Election Law: § 17-102. Misdemeanors at, or in connection with, primary

elections, caucuses, enrollment in political parties, committees, and conventions;

§17-106. Misconduct of election officers; § 17-120. Misconduct in relation to

certificate of nomination and official ballot; § 17-128. Violations of election law by

public officer or employee; § 17-152. Conspiracy to promote or prevent election;

and§ 17-168. Crimes against the elective franchise not otherwise provided for. Any

person who knowingly and willfully violates any provision of this chapter, which

violation is not specifically covered by any of the previous sections of this article, is

guilty of a misdemeanor; with related law in its entirety.

Plaintiff’s Affidavit Page 3 of 6


Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

8. That this case has been awaiting results of Affirmant’s FOIA case against the

U.S. Department of State et al. in Washington District of Columbia U.S. District

Court 08-cv-2234 wishing to obtain facts germane to Causes of Action Two thru Five

of the underlying complaint and that have been in part incorporated into the First

Amended Complaint herewith annexed; and while there Affirmant in association

with other cases has obtained other prima facia facts germane to the first thru fifth

Cause of action herein, including notification of the issuance of two affidavits sworn

by Speaker of the House Nancy Pelosi in her individual capacity as a member of the

Democratic party at the National Democratic Party Presidential Nominating

Convention shown in FAC Exhibits B, and C.

9. That there is now substantial prima facie evidence of fraudulent misdirection

to put Barack Hussein Obama. John Sidney McCain III, and Roger Calero onto all

the State ballots in 2008 at the Federal Elections, involves Defendants Andrew

Cuomo the New York Attorney General and Lorraine A. Cortez-Vazquez the New

York Secretary of State, NYS Board of Elections, et al. also involves Governor

Paterson’s Jesuit Chief of Staff who orchestrated the deception from the governor’s

office without properly informing the Governor who is legally blind and otherwise is

unable to ascertain such facts for himself relied on the Jesuit, and as such all are in

the conspiracy as defined by 42 USC 1985(3) to disrupt suffrage and among other

laws that breach Defendants fiduciary duty and injure Plaintiff who contends the

State “Little” RICO applies as presently before the Justice David I Schmidt herein.

10. That the NYS Election Law does not express that any of the respective

Plaintiff’s Affidavit Page 4 of 6


Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

Presidential Ballot Certificates must be a sworn statement or as it requires every

other certificate to be sworn as to all matters true and correct as in other Articles

thereby arguendo sets a greater responsibility upon the NYS Board of Election

Commissioners and or their agents or the Sub-divisions thereof as a fiduciary duty

to ascertain the veracity accordingly since it has not been done by a notary public or

commissioner of deeds under oath, thereby shifting the burden to the Defendant

Board and or sub-divisions accordingly, and that Plaintiff alleges when upon

examination of all the Presidential Ballot Certificates shows an arbitrary pattern of

enterprise corruption scheme to defraud requiring among other relief a Judicial

Declaratory judgment as a legal matter of first impression regarding the fiduciary

duty of public officials to make sure there is equal treatment of all certifications for

ballot access that has not been done for the 2008 election cycle.

11. That Affirmant has had previous discussions about sealing this case from the

public because of my fear of reprisals and that NY Assistant Attorney General and

Defendants Counsel Joel Graber stated that sealing would be difficult unless it were

strictly a family / domestic relations type of sealing, not something like this case;

and therefore as I agree with Mr. Graber, a suitable protective order and related

relief associated with it is appropriate and reasonable under the circumstance and

that the public has a right to know what we are doing; and

12. Therefore at this point in time, Affirmant asks for a protective order as to

Christopher-Earl: Strunk in esse alone, and that Affirmant be afforded an order for

a weapon conceal carry privilege in New York state.

Plaintiff’s Affidavit Page 5 of 6


Strunk v Paterson et al. NYS Supreme Court of Kings Index No. 29642-08

13.That Affirmant knows foregoing contents apply to me and my injury that by

Respondents misapplication and misadministration of law presents a question of

first impression as a State question involving the questionable seating of the New

York Eledoral College after the questionable ballot access afforded by arbitrary and

capricious action of the NYS Board of Elections et al. for the various Party

Presidential Candidate Slates at the General Election of November 4,2008; the

same is.true to my own knowledge, except as to the matters therein stated to be

alleged on information and belief, and as to those matters I believe it to be true. The

grounds of my beliefs as to all matters not stated upon information and belief are as

follows: 3rd parties, books and records, and personal knowledge.

Wherefore Plaintiff wishes an order of the Court granting the opportunity to

file and serve the Amended Summons and Verified First Amended Complaint; and

for other and different relief the court deems necessary to serve justice herein .

&@&Christopher Earl Strunk


Sworn to before me

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Plaintiffs Affidavit Page 6 of 6


SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

Christopher Earl Strunk, Index No.: 29642 / 08


Plaintiff,
Plaintiff designates
agninst- The County of Kings as the
Place of Jury trial.
DAVID A. PATERSON,ANDREW CUOMO,THOMAS P.
DINAPOLI, in their official capacity and individually; The basis of venue is the
THE DEMOCRAT CANDIDATE PRESIDENTIAL ELECTORS plaintiffs place for suffkage
AS A CLASS, in their official capacity and individually;
SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama)
Individually; O B ' FOR AMEMCA; OBAMA VICTORY AMENDED SUMMONS
FUNQ NANCY PELOSI individuall9; DEMOCRATIC STATE
COMMITTEE OF THE STATE OF NEW YORK;
STATE COMMITTEE OF THE WORKING FAMILIES PARTY
OF NEW YORK STATE;JOHN SIDNEY MCCAIN 111, individually;
MCCMN ??CTORY2008;MCCATN-PUN VCTORY2008;
JOHN A. BOEHNER, individually; THE NEW YORK STATE
REPUBLICAN STATE COMMITTEE; THE NEW YORK STATE
COMMITTEE OF THE INDEPENDENCE PARTY;STATE
COMMITTEE OF THE CONSERVATn7E PARTY OF NEW
YORK STATE;R ~ G E RCALERO, individually; THE SOCLALIST
WORKERS PARTY; XYZ JOlNTFUN3)h2USINGCOMMIIS,EES
NEW YORK STATE BOARD OF ELECTIONS; NEW YORK
STATE BOARD OF ELBCTIONS, JAMES A. WALSH / Co-Chair,
DOUGLAS A. KEUNER / Co-Chair, EVELYN J. AQUILA /
Commissioner, GREGORY P. PETERSON / Commissioner,
Deputy Director TODD D. VALENTIW, Deputy Director
STANLEY ZALEN, LORRAINE A. CORTEZ-VAZQUEZ, Plaintiffs place for suffhge:
Secretary of the State of New York, individually; ZBIGNIEW 593 Vanderbilt Avenue 281
KAIMIERZ BRZEZINSKI, John and Jane Does;and XYZ Entities. Brooklyn, New York 11238
-
Defendants.

To the above-named Defendants:


YOU ARE HEREBY SUMMONED to answer the first amended complaint in this
action and to serve a copy of your answer, or, if the complaint is not served with this summons,
to serve a notice of appearance, on the Plaintiff Attorney within 20 days after the service of this
summons, exclusive of the day of service (or within 30 days aAer the service is complete if this
summons is not personally delivered to you within the State'of New York); and in case of your
failure to appear or answer, judgment will be taken against you by default for the relief
demanded in the complaint.
Dated: Brooklyn, New York
~overnber 2010 &@@
EarlChristopher Stnmk, plaintiff pro se
593 ~GderbiltAvenue #28 1,
Brooklyn,New York 11238.
(845) 901-6767 E-mail: chris@-ws
To: Defendants as follows: [continued on p. 2]

David A. Paterson (NYS Governor),


Andrew Cuomo JOHN SIDNEY MCCAIN III
(NYS Attorney General / Governor Elect), 241 Russell Senate Office Building
The Capitol Washington, DC 20510
Albany, New York 12224
MCCAIN VICTORY 2008
Thomas P. DiNapoli (NYS Comptroller), 228 S WASHINGTON ST STE 115
Office of the NYS Controller ALEXANDRIA, VA 22314
110 State Street
Albany, NY 12236 MCCAIN-PALIN VICTORY 2008
& The New York Finance Committee
THE DEMOCRAT CANDIDATE PRESIDENTIAL Road to Victory Tour
ELECTORS AS A CLASS 228 S WASHINGTON ST STE 115
c/o LORRAINE A. CORTEZ-VAZQUEZ ALEXANDRIA, VA 22314
Department of State
One Commerce Plaza JOHN A. BOEHNER, individually with place of
99 Washington Ave, Albany, NY 12231-0001 business located at Washington, D.C. Office 1011
Longworth H.O.B. Washington, DC 20515
ZBIGNIEW KAIMIERZ BRZEZINSKI
c/o Columbia University in the City of New York THE NEW YORK STATE REPUBLICAN
School of Foreign Affairs STATE COMMITTEE
2960 Broadway New York, NY 10027-6902, 315 STATE ST,
ALBANY, NY 12210-2001
SOEBARKAH (a.k.a. Barry Soetoro,
a.k.a Barack Hussein Obama) THE NEW YORK STATE COMMITTEE OF
c/o The White House THE INDEPENDENCE PARTY
1600 Pennsylvania Avenue, N.W. By Frank MacKay, Chairman
Washington, District of Columbia 20500 PO BOX 871
Lindenhurst, NY 11757
OBAMA FOR AMERICA
by Martin H. Nesbitt, Treas. STATE COMMITTEE OF THE CONSERVATIVE
PO Box 8102 Chicago, IL 60680 PARTY OF NEW YORK STATE
486 78TH STREET
OBAMA VICTORY FUND BROOKLYN, NY 11209
by Andrew Tobias, Treas.
430 South Capitol Street SE RÓGER CALERO
Washington DC 20003 c/o THE SOCIALIST WORKERS PARTY
1000 Grand Concourse, #4A
NANCY PELOSI Bronx, NY 10451
235 Cannon House Office Building
Washington, DC 20515-0508 NEW YORK STATE BOARD OF ELECTIONS,
JAMES A. WALSH / Co-Chair,
DEMOCRATIC STATE COMMITTEE OF DOUGLAS A. KELLNER / Co-Chair,
THE STATE OF NEW YORK EVELYN J. AQUILA / Commissioner,
461 Park Avenue South GREGORY P. PETERSON / Commissioner,
New York, NY 10016 Deputy Director TODD D. VALENTINE,
Deputy Director STANLEY ZALEN,
STATE COMMITTEE OF THE WORKING The New York State Board of Elections
FAMILIES PARTY OF NEW YORK STATE 40 Steuben Street
2-4 Nevins Street Floor 3 Albany New York 12207
BROOKLYN, NY 11217

2
Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF KINGS Index No.: 29642 / 08
-------------------------------------------------------------------------------x
Christopher-Earl: Strunk, in esse
Plaintiff, VERIFIED FIRST

-against- AMENDED COMPLAINT

DAVID A. PATERSON, ANDREW CUOMO, THOMAS P.


DINAPOLI, in their official capacity and individually; (jury trial)
THE DEMOCRAT CANDIDATE PRESIDENTIAL ELECTORS
AS A CLASS, in their official capacity and individually;
SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama)
Individually; OBAMA FOR AMERICA; OBAMA VICTORY
FUND; NANCY PELOSI individually; DEMOCRATIC STATE
COMMITTEE OF THE STATE OF NEW YORK;
STATE COMMITTEE OF THE WORKING FAMILIES PARTY
OF NEW YORK STATE; JOHN SIDNEY MCCAIN III, individually;
MCCAIN VICTORY 2008; MCCAIN-PALIN VICTORY 2008;
JOHN A. BOEHNER, individually; THE NEW YORK STATE
REPUBLICAN STATE COMMITTEE; THE NEW YORK STATE
COMMITTEE OF THE INDEPENDENCE PARTY; STATE
COMMITTEE OF THE CONSERVATIVE PARTY OF NEW
YORK STATE; RÓGER CALERO, individually; THE SOCIALIST
WORKERS PARTY; XYZ JOINT FUNDRAISING COMMITTEES;
NEW YORK STATE BOARD OF ELECTIONS; NEW YORK
STATE BOARD OF ELECTIONS, JAMES A. WALSH / Co-Chair,
DOUGLAS A. KELLNER / Co-Chair, EVELYN J. AQUILA /
Commissioner, GREGORY P. PETERSON / Commissioner,
Deputy Director TODD D. VALENTINE, Deputy Director
STANLEY ZALEN, LORRAINE A. CORTEZ-VAZQUEZ,
Secretary of the State of New York, individually; ZBIGNIEW
KAIMIERZ BRZEZINSKI, John and Jane Does; and XYZ Entities.

Defendants.
---------------------------------------------------------------------------------x

Plaintiff, Christopher Earl Strunk in esse, as and for the First Amended Complaint to the

Complaint filed with the clerk on or about October 29, 2008 with jurisdiction of New York

State Election Law Article §16-100 over Article 12 for the November 4, 2008 General

Election inter alia equity relief and damages, that upon information and belief and at all

times hereinafter mentioned, respectfully allege of captioned Defendants as follows:

First Amended Complaint Page 1 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

FIRST CAUSE OF ACTION

(Breach of State Constitutional bar for any Public Officer to hold more than one public
office for compensation, as against all Public Officer Defendants)

1. Plaintiff Christopher Earl Strunk, in esse (“Plaintiff” or “voter”), is a natural born

Citizen resident in New York who was and is a qualified voter registered to vote in the 2008

election cycle and participate in the November 4, 2008 General Election in the State of New

York, and whose principal place for service is located at 593 Vanderbilt Avenue #281,

Brooklyn, New York 11238.

2. That on November 4, 2008, Plaintiff voted for the electors representing the Republican

Party Presidential Candidate John Sidney McCain III (McCain), and that based upon

information and belief that Defendant McCain was alleged to be a natural-born Citizen and

whom subsequently did not obtain sufficient votes to win the winner take all Electoral

College from New York; and thereafter was discovery not to be a natural-born U.S. Citizen.

3. There are 31 Candidates for the Democratic Party Committee Presidential Elector Slate

as a class on the General Election November 4, 2008 statewide ballot, winner-take-all.

4. That the Democratic Party Elector Candidates listed with domicile address / names

are: Velda Jeffrey, June F. O'Neill, Dennis Mehiel, David A. Paterson, Andrew Cuomo,

Thomas P. DiNapoli, Sheldon Silver, Malcom Smith, Maria Luna, Robert Master, Pamela

Green-Perkins, Helen D. Foster, Jon Cooper, Hakeem Jeffries, Richard Fife, Deborah A.

Slott, Terrence Yang, George Arthur, George Gresham, Alan Van Capelle, Inez Dickens,

Suzy Ballantyne, Alan Lubin, Bethaida Gonzalez, Christine Quinn, William Thompson,

Stuart Applebaum, Maritza Davila, Ivan Young, Barbara Fiala, Frank A. Bolz, III.

5. That in November 2008 the Court rendered an opinion in association with the Article 78

Petition 2008/29641 that in part applies to the First Cause of action herein, as to the

alleged Breach of State Constitutional bar for any Public Officer to hold more than one

First Amended Complaint Page 2 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

public office for compensation as against all Public Officer Defendants, in favor of public

officer defendants only as to holding more than one public office; and that otherwise

Plaintiff is damaged and injured as a result of the Public Officers breach of duty as to

ballot access for Presidential Candidates Obama, McCain, and Calero.

SECOND CAUSE OF ACTION

(Breach of oath by Defendants and all those Defendants acting individually in a scheme to
defraud under color of New York state election law)

6. Plaintiff repeats each and every allegation contained in the First Cause of Action with

the same force and effect as though herein set forth at length.

7. That Plaintiff with injury has standing with CPLR §1353 regarding a civil preceding

involving enterprise corruption by all Defendant individuals’ malicious promotion of a

scheme to defraud the people resident in New York state in promotion of ballot fraud with

the 2008 election cycle with three ineligible Presidential Candidates and committees intent

to launder campaign funds from both foreign and domestic sources to seize the Executive.

8. That necessary Parties as yet known are joined herein pursuant to CPLR §1354 as

persons and or enterprise not convicted of the crime of enterprise corruption that is a party

to a civil action under this Article 13, whenever joinder of such person or enterprise is

necessary with CPLR §1001; and according to Penal Law § 460.40 Enterprise Corruption

jurisdiction is afforded this Court as to participation by a person(s) therein; and however

involved, is herein separate from a State Finance Law Article 13 Section 190 application.

9. That Plaintiff alleges a suffrage and property taking injury effected by violation of

Penal Law § 105.35 by acts of all Defendants individually that are part of a conspiracy of

enterprise corruption against the fisc, individual liberty, and real property as a class

similarly situated with applicability for purposes of this article, as to conspiracy to

commit the crime of enterprise corruption in violation of section 460.20 of this chapter

First Amended Complaint Page 3 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

shall not constitute an offense; however, Penal Law § 105.35 includes but is not limited to:

Penal Law : § 155.30 Grand Larceny in the fourth degree when The property,

regardless of its nature and value, is taken from the person of another; § 170.10 Forgery in

the second degree; § 175.25 Tampering with public records in the first degree; § 175.35

Offering a false instrument for filing in the first degree; § 175.40 Issuing a false certificate;

§ 210.40 Making an apparently sworn false statement in the first degree; § 200.04 Bribery

in the first degree; § 190.65 Scheme to defraud in the first degree; § 470.05 Money

laundering in the fourth degree; and further,

Election Law: § 17-102. Misdemeanors at, or in connection with, primary elections,

caucuses, enrollment in political parties, committees, and conventions; §17-106 Misconduct

of election officers; § 17-120. Misconduct in relation to certificate of nomination and official

ballot; § 17-128. Violations of election law by public officer or employee; § 17-152.

Conspiracy to promote or prevent election; and§ 17-168. Crimes against the elective

franchise not otherwise provided for. Any person who knowingly and willfully violates any

provision of this chapter, which violation is not specifically covered by any of the previous

sections of this article, is guilty of a misdemeanor; with related law in its entirety.

10. That Defendant NEW YORK STATE BOARD OF ELECTIONS, (Defendant NYS

BOE) with four commissioners two appointed from each major state party Defendant

JAMES A. WALSH / Co-Chair, Defendant DOUGLAS A. KELLNER / Co-Chair, Defendant

EVELYN J. AQUILA / Commissioner, Defendant GREGORY P. PETERSON /

Commissioner, and two deputy directors of elections Deputy Director Defendant TODD D.

VALENTINE, Deputy Director Defendant STANLEY ZALEN is located at the New York

State Board of Elections 40 Steuben Street Albany, NY 12207, and who have authority over

their agents and the local boards of election both for ballot access and the certification of

First Amended Complaint Page 4 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

the Presidential Elector Candidates slates and committees for the names Barack Hussein

Obama (BHO, SOEBARKAH ), John M. McCain III (McCain) and Roger Calero (Calero)

hereinafter known as “Defendant Presidential Candidate(s)” with the November 4 2008

General Election results published thereafter accordingly (see Exhibit A).

11. That Defendant NYS BOE and its agents certified the Elector Defendants for each

Defendant Presidential Candidate to be on the ballot at the November 4, 2008 General

Election for the preference election of the New York Electoral College (see Exhibit B);

however, Defendant NYS BOE and its agents have not provided the certification requested

with Plaintiff’s FOIL for Roger Calero’s Committee with THE SOCIALIST WORKERS

PARTY, the DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK and

or THE NEW YORK STATE REPUBLICAN STATE COMMITTEE and others not shown.

12. That on August 28, 2008 Defendant NANCY PELOSI individually with her place of

business located at Washington, D.C. Address 235 Cannon House Office Building

Washington, DC 20515-0508, and as chair failed to affirm for the Democratic National

Committee and DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK

the eligibility of BHO for ballot access in the State of New York November 4, 2008 General

Election as shown on Exhibit B using the terms that “the following were duly nominated as

candidates of said Party for President and Vice President of the United States respectively:”

and nowhere affirms that the candidates are eligible as required by the NYS BOE as shown

at its website provisions citing Article II Section 1 Clause 5 in any of the several states and

or territories except for the State of Hawaii; however Defendant Pelosi as an admission

against interest also affirmed differently for Hawaii as follows:

13. That on August 28, 2008 Defendant Pelosi individually and as Chair affirmed the

alleged eligibility of BHO for ballot access in the State of Hawaii November 4, 2008 General

First Amended Complaint Page 5 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

Election differently than done for any other state or territory including New York using the

terms that “the following candidates for President and Vice President of the United States

are legally qualified to serve under the provisions of the United States Constitution” as

certified for the Hawaii Secretary of State (see Exhibit C).

14. That on September 15, 2008, Defendant STATE COMMITTEE OF THE WORKING

FAMILIES PARTY OF NEW YORK STATE by Robert P. Master Presiding Officer affirmed

the alleged eligibility of BHO and the electors for ballot access in the State of New York

November 4, 2008 General Election as shown in Exhibit B using the terms that “by

majority vote of the members present, voting by weighted ballot, nominate the following

Working Families Party candidates for office at the General election to be held November 4,

2008:” nowhere affirms the Constitutional eligibility of BHO.

15. That on September 4, 2008, Defendant JOHN A. BOEHNER, individually with place

of business located at Washington, D.C. Office 1011 Longworth H.O.B. Washington, DC

20515, and as Chairman affirmed for the Republican National Committee and Defendant

THE NEW YORK STATE REPUBLICAN STATE COMMITTEE the alleged eligibility of

McCain for ballot access in the State of New York November 4, 2008 General Election as

shown in Exhibit B using the terms that “the following person, meeting the constitutional

requirements for the Office of President of the United States,”

16. That on September 21, 2008, Defendant THE NEW YORK STATE COMMITTEE

OF THE INDEPENDENCE PARTY by Frank McKay Chairman affirmed the alleged

eligibility of McCain and the electors for ballot access in the State of New York November 4,

2008 General Election as shown in Exhibit B using the terms that “do hereby certify that

the following persons were duly nominated by majority vote for the office of President and

Vice President of the United States”

First Amended Complaint Page 6 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

17. That on September 22, 2008, Defendant STATE COMMITTEE OF THE

CONSERVATIVE PARTY OF NEW YORK STATE by Michael R. Long Chairman affirmed

the alleged eligibility of McCain and the electors for ballot access in the State of New York

November 4, 2008 General Election as shown in Exhibit B using the terms that “do hereby

certify that the following persons were duly nominated by majority vote for the office of

President and Vice President of the United States”

18. Public Officer Defendants by reason of their actions to seek election to the Electoral

College on November 4, 2008 with due notice otherwise before the General Election voted

without expressing intention to resign from the electoral college slate simultaneous with

the certification of the winning Electoral College slate under EL §12-102 by December 1,

2008, intentionally are in breach of their oath of office and subject to impeachment.

19. That public officers of the NYS BOE Defendant and the Public Officer Defendants

intentionally Breach their oath of Office to be placed on the November 4, 2008 ballot as

candidates for electors of the Electoral College and fiduciary duty to the voter(s).

20. Plaintiff, along with those similarly situated, suffers injury to his sovereignty as

guaranteed under New York State Civil Rights Law Chapter 6 Section 2 as a sovereign

citizen of the State of New York that here guarantees the Supreme sovereignty in the

people; and whereas, no authority can, on any pretence whatsoever, be exercised over the

citizens of this state, but such as is or shall be derived from and granted by the people of

this state.

21. That Plaintiff individually as a natural person as with those similarly situated as

We The People as natural persons of the State of New York (a corporate entity) resident in

New York state are grateful to Almighty God for our Freedom, in order to secure its

blessings apart from any such corporate fiction or pretender monarch, and or as further

First Amended Complaint Page 7 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

guaranteed by the 9th and 10th Amendments to the Federal Constitution, and Magna Carta.

22. That nunc pro tunc Plaintiff inherits all the sovereign rights, privileges and property

that a living natural human inures from the creator Yahweh whose son Jesus Christ

guarantees the sovereign Freedom from Almighty God against corporate fiction and Public

Officer Defendants and their agents who are ultra vires and bent on enslaving plaintiff and

those similarly situated.

THIRD CAUSE OF ACTION


(Sedition, as against all Defendants)

23. Plaintiff repeats each and every allegation contained in the First through Second

Cause of Action with the same force and effect as though herein set forth at length.

24. That Democrat Party Elector Candidate Class of Defendants, Public Officer

Defendants, the Defendants of NYS BOE, Defendant Presidential Candidates and

committees and their agents John and Jane Does act as an enterprise to commit acts of

sedition in an agreement, communication or other preliminary activity aimed at inciting

treason or some lesser commotion against public authority and policy, as have with state

action under color of law undermined the State and Federal election as under 42 USC

§1983, §1985(3) and 1986 along with related law in its entirety.

25. That Defendant ZBIGNIEW KAIMIERZ BRZEZINSKI, (Defendant Brzezinski)

individually with his place of business at Columbia University in the City of New York

School of Foreign Affairs 2960 Broadway New York, NY 10027-6902, is both a blood

member of the Sovereign Military Order of Malta (SMOM) on "the right" and of the Scottish

Rite Freemason Grand Lodge of Philadelphia on "the left" working for the Jesuits against

the sovereign interest of the USA;

26. Defendant Brzezinski‘s world outlook and agenda by evidence of writings acts for the

Society of Jesus that eclipses all other influences on SOEBARKAH, McCain and Calero.

First Amended Complaint Page 8 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

27. That Defendant Brzezinski has managed a crucial role for the Vatican State as a

member of the SMOM and as a Freemason of the Philadelphia Grand Lodge to create global

regionalism that subsumes national sovereignty and as Former National Security Adviser

to President Carter expressed his view of regionalism at Mikhail Gorbachev’s October 1995

State of the World Forum, that quote:

“We cannot leap into world government in one quick step...The precondition for
eventual globalization — genuine globalization — is progressive regionalization.”

28. That Defendant Brzezinski advised the SOEBARKAH and McCain campaigns, and

used his sons, Mark who was a member of the advisors in the SOEBARKAH Campaign and

Ian who was an advisor on the McCain Campaign, all done in exchange for his sons’

government employment and furtherance of the enterprise corruption.

29. That Defendant JOHN SIDNEY MCCAIN III individually with place of business

located at Washington Office: 241 Russell Senate Office Building Washington, DC 20510,

was born on August 29, 1936 in Colon Hospital, Colon Panama according to the Panama

Canal Health Department not in the Panama Canal Zone (see Exhibit D); and according to

the Hay-Banau-Varilla Treaty of November 18, 1903 that has 26 articles (see Exhibit E) in

which the two pertinent to the status of the city of Colon under that Treaty refer to the

Convention for the Construction of a Ship Canal says that the Colon Panama, the birth city

cited on McCain’s 1936 long form birth certificate where he was witnessed being born, and

where his parents resided, Colon, Republic de Panama, is not part of the Canal Zone, quote:

ARTICLE I The United States guarantees and will maintain the independence of
the Republic of Panama.

ARTICLE II The Republic of Panama grants to the United States in perpetuity the
use, occupation and control of a zone of land and land under water for the
construction maintenance, operation, sanitation and protection of said Canal of the
width of ten miles extending to the distance of five miles on each side of the center
line of the route of the Canal to be constructed; the said zone beginning in the
Caribbean Sea three marine miles from mean low water mark and extending to and

First Amended Complaint Page 9 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

across the Isthmus of Panama into the Pacific ocean to a distance of three marine
miles from mean low water mark WITH THE PROVISO THAT THE CITIES OF
PANAMA AND COLON and the harbors adjacent to said cities, WHICH ARE
INCLUDED WITHIN THE BOUNDARIES OF THE ZONE ABOVE DESCRIBED,
SHALL NOT BE INCLUDED WITHIN THIS GRANT…” (Emphasis by Plaintiff)

and therefore, Defendant McCain is not a natural-born Citizen was not born on U.S.

Territory or the USA and is not eligible for the Presidency with the U.S. Constitution

Article II Section One Clause 5 as mandated by the Defendant NYS BOE.

30. That Defendant SOEBARKAH is a Madrasah trained radical Sunni Muslim by birth

right according to the Koran through his father Barack Hussein Obama Sr. (a Sunni

Muslim), and that by training and practice admitted during the speech to the Muslim

Brotherhood in Cairo in 2009 – SOEBARKAH practices Shariah law and is devoted to King

Saud of Saudi Arabia who based upon information paid for the Columbia and Harvard

university expenses with the full knowledge and blessing of Defendant Brzezinski.

31. Defendant SOEBARKAH admits his natural father at the time of his birth is a

citizen of the United Kingdom and the British Nationality Act of 1948 governs dual

citizenship at birth.

32. That Rep. John Bingham, author of the 14th Amendment, Congressional Globe,

39th, 1st Sess., pg 1291 (March 9, 1866) stated:

“… every human being born within the jurisdiction of the United States of parents
not owing allegiance to any foreign sovereignty is, in the language of your
Constitution itself, a natural-born citizen.”

33. That Defendant SOEBARKAH and or his agent(s) as part of the scheme to defraud

placed an image of a Hawaiian Certification of Live Birth (COLB) on the Internet, which in

Hawaii per se is issued for all birth's registered by the State of Hawaii whether the human

being is born there or not, and as a prima facia fact means the Hawaii issued COLB does

not prove "natural born" citizenship or birth in Hawaii, only a long form document would.

First Amended Complaint Page 10 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

34. A COLB per se is sufficient proof of citizenship if not part of a scheme to defraud;

however, a COLB issued to those who are "naturalized" in Hawaii is of questionable legal

issue contrary to U.S. Constitution Article 1 §8 Clause 4, Article I §9 Clause 1, Article 1 §10

Clause 1, and as a matter of first impression conflicts with the full faith and credit clause.

35. That Defendant SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama)

at six years of age used the name given upon his adoption by Lolo S. Soetoro Mangunharjo,

an Indonesian colonel in General Suharto's Armed Forces who had married Stanley Ann

Obama, and as an Indonesian Citizen from six years of age SOEBARKAH is presumed to

have an Indonesian passport after removal from the U.S. Passport of Stanley Ann Soetoro

as released to Plaintiff on July 29, 2010 by the U.S. Department of State, see Exhibit F.

36. That Defendant SOEBARKAH is not eligible for the Office of the President because

with the McCarran-Walter Act of 1952 as the controlling legal authority for the birth of

BHO, and especially when the transmission of British citizenship to BHO at birth no

matter where the location is proves a dual citizen at birth, as a treaty matter between

Britain and the USA, and that with the admission against interest of both Stanley Ann

Dunham Obama and Barack Hussein Obama Sr. in a marriage in Hawaii entered after

conception, in which both parents attribute Paternity to BHO Sr. without challenge at the

time of the March 20, 1964 divorce decree makes BHO Jr. a British subject with dual

citizenship and multi-allegiances at best that by the 1952 McCarran-Walter Act, therefore

BHO Jr. is not a Natural Born Citizen; and

37. Further, Defendant SOEBARKAH lost his U.S. citizenship when his mother married

an Indonesian citizen and became a naturalized citizen of Indonesia and in that Indonesia

does not recognize dual citizenship, and because Defendant SOEBARKAH did not take an

oath of allegiance to the USA when reaching the proper age while resident in the USA

First Amended Complaint Page 11 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

retains Indonesian Citizenship having renounced his previous U.S. Naturalized citizenship

/ British Citizen status; and

38. Plaintiff further alleges, that had SOEBARKAH followed up with his resident status

after 1971 while living with his Grandmother in Hawaii to become naturalized, he failed to

take an oath of allegiance when SOEBARKAH turned 18 years old to regain his U.S.

citizenship status, and then obtained school financing as a foreign exchange student in

Hawaii and again at Occidental College in Los Angeles as done at Columbia and Harvard,

at best has multiple citizenship status with allegiances to Indonesia, Great Britain, Kenya

perhaps; however is not a natural-born citizen of the United States and according to the

public record is not even a citizen of the United States, and therefore, ineligible for the

presidency with the U.S. Constitution Article II Section 1 Clause 5 as mandated by the

Defendant NYS BOE; and

39. Further by U.S. Senate resolution is underscored and confirmed by the Honorable

United States District Judge Michael Chertoff then serving as the Secretary of Homeland

Security in testimony under oath before the U.S. Senate Committee and as reprinted in the

Congressional Record pages S2950 and S2951 (see Exhibit G) stated:

CHERTOFF. “My assumption and my understanding is that if you are born of


American parents, you are naturally a natural-born American citizen.”

40. In that on April 10, 2008, Defendant SOEBARKAH, as a U.S. Senator was the

Sponsor of the sense resolution S 511 (see Exhibit H) along with other U.S. Senators Mrs.

MCCASKILL, Mr. LEAHY, Mr. COBURN, Mrs. CLINTON, and Mr. WEBB who

maliciously submitted the S 511 resolution knowing it was false as to the natural-born

Citizen status of Senator John Sidney McCain III, in violation of 18 USC §1001; and in

which S 511 was referred to the Committee on the Judiciary then to the U.S. Senate as a

fraud upon Congress and the People of the several states and territories contrary to the

First Amended Complaint Page 12 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

facts shown in Exhibit D and above stated:

“Whereas John Sidney McCain, III, was born to American citizens on an American
military base in the Panama Canal Zone in 1936:”

41. That SOEBARKAH acknowledges endorsing Senate Resolution 511 that one needs

two (2) U.S.A. Citizen parents at birth to be qualified to be a natural born citizen.

42. That Defendant ROGER CALERO was born in Nicaragua in 1969. He and his family

fled via Los Angeles, California in 1985. Calero is now a permanent resident alien (holding

a green card) since 1990. While in Los Angeles, Calero joined a socialist movement and

helped mobilize support against Proposition 187 in the early 90s, and is presumed to have

filed a certification for ballot access through the respective Defendant Socialist Worker’s

Party Committee as shown on Exhibit A, but is not a natural-born U.S. Citizen with the

U.S. Constitution Article II Section 1 Clause 5 as mandated by the Defendant NYS BOE.

43. That on November 30, 2007, Defendant SOEBARKAH affirmed an affidavit for the

Arizona Secretary of State to gain ballot access in the Arizona 2008 Presidential Preference

Election Ballot, and likewise on October 9th 2007, Defendant McCain affirmed an affidavit

for the Arizona Secretary of State to gain ballot access in the Arizona 2008 Presidential

Preference Election Ballot and that both affirmations were duly filed with the AZ Secretary

of State who provided a certified copy of each respective filed affidavit (see Exhibit I); with

each individually affirming that

““I do solemnly swear (or affirm) that all the information in this Nomination Paper
is true, that as to these and all other qualifications, I am qualified to hold the office
that I seek, having fulfilled the United States constitutional requirements for
holding said office. I further swear (or affirm) that I have fulfilled Arizona's
statutory requirement for placing my name on the Presidential Preference Election
ballot.”

44. That according to the Help America to Vote Act of 2002 (HAVA) section 213 (a) (1)

(A) the Arizona Secretary of State (located at the Office of the Secretary of State of Arizona

First Amended Complaint Page 13 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

1700 West Washington Street, 7th Floor Phoenix, AZ 85007-2888), and the New York

Secretary of State Defendant LORRAINE A. CORTEZ-VAZQUEZ (located at the

Department of State One Commerce Plaza 99 Washington Ave, Albany, NY 12231-0001)

are both Federal officers who each serve as an unpaid employee of the United States

Election Assistance Commission (EAC), a Federal employee and respective state employee.

45. Wherefore, Defendant SOEBARKAH and Defendant McCain each individually and

in conspiracy committed perjury before a Federal Officer in violation of 18 USC §1001 as

part of the racketeering enterprise corruption.

46. That Plaintiff with those similarly situated are denied individual 1st, 5th , 9th and

10th amendment rights to sovereignty and a republican form of government as well as

financial injury for the cost of the 2008 election cycle in New York..

FOURTH CAUSE OF ACTION


(Conspiracy to commit Treason, as against all Defendants, and their agent John / Jane
Does XYZ Entities as an enterprise)

47. Plaintiff repeats each and every allegation contained in the First through Third

Cause of Action with the same force and effect as though herein set forth at length.

48. That Democrat Party Elector Candidate Defendants, their agents John and Jane

Does are part of an enterprise who have overthrown the government of the United States in

conjunction with SOEBARKAH, Joseph Biden, McCain, Calero and their agents at the

state and national level with those other candidate elector slates of other states of the

several states (“Racketeering Enterprise”).

49. Based upon information and belief the Democrat Party Elector Candidate

Defendants, their agents John and Jane Does using the Defendants NYS BOE and their

agents as an enterprise have misapplied and mis-administered their public duties under

NYS BOE regulation by failure to obtain and ascertain proof that each Defendant

First Amended Complaint Page 14 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

Presidential Candidate is a natural-born Citizen, that otherwise is contrary to State Law,

regulations and the United States Constitution Article 2 Section 1 Clause 5:

“No Person except a natural born Citizen, or a Citizen of the United States, at the time
of the Adoption of this Constitution, shall be eligible to the Office of President; neither
shall any Person be eligible to that Office who shall not have attained to the Age of
thirty five Years, and been fourteen Years a Resident within the United States.”

50. Based upon information and belief the State Defendants, Defendant Presidential

Candidates, various Defendant Committees and their agents have not presented a certified

copy of the “long-form” birth certificate of the Defendant Presidential Candidates for ballot

access to the New York November 4, 2008 General Election / 2008 election cycle.

51. There has never been an Article II executive who has ever been a naturalized citizen

or a non-citizen as it is against the mandate of the U.S. Constitution Article II Section 1

Clause 5 that a candidate be a natural-born U.S. Citizen to be eligible.

52. There has never been an Article II executive who is a citizen of a foreign nation and

or has dual allegiance with a foreign nation.

53. That were the executive to be occupied by a foreign citizen would constitute an

invasion, coup-d-tat and trespass upon the sovereign citizen of New York a taking as of

right under the 10th Amendment must secede New York from the Union until such time the

Union were made whole and laws enforced again.

54. Those Defendants know they have a duty to prevent any person who is not a natural

born citizen from ballot access in the state of New York when running for President and or

Vice President and have maliciously failed miserably in an act of treason.

55. Those Officer Defendants and the NYS BOE have not fulfilled the due diligence

necessary to protect the voter(s), are ultra vires and individually liable.

56. That Democrat Party Elector Candidate Defendants, their agents John and Jane

Does as an enterprise are attempting to overthrow the government of the State of New

First Amended Complaint Page 15 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

York in conjunction with Barack Hussein Obama, Joseph Biden racketeering Enterprise at

the November 4, 2008 for foreign agents who are enemies of Plaintiff and those New York

State Citizens guaranteed sovereignty exclusively under the New York State Constitution

separate and apart from the other states of the several states.

57. That the Racketeering Enterprise corruption has overthrown the government of the

state of New York to which the Democrat Party Elector Candidate Defendants owe

allegiance, and who join the Racketeering Enterprise to wage war against the State and or

materially promote the foreign illegal alien SOEBARKAH , foreign born Roger Calero with

only a green card and foreign born U.S. Citizen John Sidney McCain III to the Executive

branch and the Presidency of the United States against the law of both the State and

Federal Constitutions, as has with state action undermined the State and Federal election

with 42 USC 1983, 1985(3) and 1986 related Federal and State law in its entirety.

58. That Defendants infringe Strunk’s individual liberty, expectation of a republican

form of government, and burden his expectation of effective participation in the general

election were the laws not enforced in good faith with the duties of their office.

59. Plaintiff is the only person in the USA to have duly fired fired fired BHO on

January 23, 2009 by registered mail (rendering BHO the USURPER as Plaintiff is entitled

to characterize BHO as) on the grounds that he had not proven himself eligible to be the

administrator / trustee of Plaintiff’s private account at the U.S. Treasury as required by

U.S. Constitution Article 2 Section 1 clause 5 with a pending Replevin matter in the

District of Columbia;

60. Further, that the Honorable Justice David I. Schmidt in the NYS Supreme Court

Case Strunk v. Paterson et al. in the County of Kings with index 08-29642 declined to sign

a subpoena order to obtain document records of Stanley Ann Dunham (SAD) from US DOS,

First Amended Complaint Page 16 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

and that thereby forced Plaintiff as the only alternative to obtain the passport records of

SAD in FOIA case DCD 08-cv-2234;

61. Further, that document records are germane to determine where Stanley Ann

Dunham was at the time of the Usurper’s birth as requested in the FOIA;

62. Further, that Plaintiff FOIA case in Washington D.C. 08-cv-2234 presently has a

decision pending on a Summary Judgment that Plaintiff opposes, as there has been a

preponderance of evidence showing that federal parties and those yet named have

committed a fraud upon that court and have violated 18 USC §1001.

63. Further, that not all the requested documents are now essential for the continuation

of Plaintiff’s action before Justice Schmidt as here demonstrated.

64. Further New York State Board of Elections individuals; the New York State

Secretary of State individually, the New York State Attorney General Andrew Cuomo

individually as an elector along with John and Jane Does have conspired inter alia for a

breach of fiduciary duties under color of state law enacted by the State Legislature to

protect Plaintiff’s right to a reasonable expectation of participation and success with a

proper ballot for the New York electoral college election of the 2008 president and vice

president of the United States of America in accordance with United States Constitution

Article 2 Section 1 Clause 5; and

65. Furthermore, that as a matter of State Court standing Plaintiff’s suffrage privilege

goes to his specific circumstances and depends upon Plaintiff's substantive due process

right to publicly available document records questionably withheld since 2008 as a 5th

amendment issue, and which goes well beyond simple procedural due process as a

minimum requirement as U.S. DOS’s Counsel suggests in the use of the term reasonable, to

injure Plaintiff along with those similarly situated.

First Amended Complaint Page 17 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

FIFTH CAUSE OF ACTION


(Enterprise Unjust Enrichment, against All Defendants)

66. Plaintiff repeats each and every allegation contained in the First through Fourth

Cause of Action with the same force and effect as though herein set forth at length.

67. That based upon information and belief Russia, Iran , Syria, Saudi Arabia,

Indonesia, Lebanon, Nigeria, Libya, Egypt, Dubai among other sovereign foreign entities

and persons have illegally contributed to the campaign of Defendant SOEBARKAH who

spent $738,812,857 to seize control of the White House and is 46% of the total money raised

for all candidates in the 2008 Presidential Election that compares to three hundred and ten

million spent by Defendant McCain; and as part of the scheme to defraud the Vatican Bank

was used as an intermediary for transfer of funds into its USA landing Banks in New York

that with the release of the banking records of the SOEBARKAH campaign committee will

show substantial illegal foreign involvement to launder funds to buy the presidency as

previously done in the instance of James Riady of the Indonesian Lippo Group for Bill

Clinton in 1992 was not convicted by the DOJ until January 11, 2001.

68. Each of the Defendants and their agents have been unjustly enriched by the

referenced activities to disrupt the election without assuring a duly eligible Presidential

Candidates for the Republican Democrat and Socialist Workers party under color of state

law, that violates Plaintiff’s and those similarly situated Federal / State voter right and

imposing expense as a taking; as with 42 USC §1983 and related law applies in its entirety

with election costs levied upon real property.

69. That Defendant SOEBARKAH (a.k.a. Barry Soetoro, a.k.a Barack Hussein Obama)

individually under the name Barack Hussein Obama is located in care of c/o The White

House 1600 Pennsylvania Avenue, N.W. Washington, District of Columbia 20500 used

campaign finance committees nationally and in New York State according to records

First Amended Complaint Page 18 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

maintained by the Defendant NYS BOE include but are not limited to: OBAMA FOR

AMERICA by Martin H. Nesbitt, Treas. PO Box 8102 Chicago, IL 60680 ; OBAMA

VICTORY FUND by Andrew Tobias, Treas. 430 South Capitol Street SE Washington DC

20003; among others used exclusively in New York state; and that Defendant Soebarkah

conspired with Defendant Nancy Pelosi individually with place of business located at

Washington, D.C. Address 235 Cannon House Office Building Washington, DC 20515-0508,

along with the DEMOCRATIC STATE COMMITTEE OF THE STATE OF NEW YORK

located at 461 Park Avenue South New York, NY 10016 , STATE COMMITTEE OF THE

WORKING FAMILIES PARTY OF NEW YORK STATE located at 2-4 Nevins Street Floor

3 BROOKLYN, NY 11217 and XYZ JOINT FUNDRAISING COMMITTEES to use the

funds associated with the campaign.

70. That Defendant John Sidney McCain III, individually then located at 3501 North

24th Street Phoenix, AZ 85016 used campaign finance committees nationally and in New

York state according to records maintained by the Defendant NYS BOE, and that include

but are not limited to the MCCAIN VICTORY 2008 located at 228 S WASHINGTON ST

STE 115 ALEXANDRIA, VA 22314; MCCAIN-PALIN VICTORY 2008 & The New York

Finance Committee Road to Victory Tour located at 228 S WASHINGTON ST STE 115

ALEXANDRIA, VA 22314, and that Defendant John Sidney McCain located at Campaign

Address 2211 East Camelback Road Phoenix, AZ 85016 and place of business at

Washington, D.C. Address 241 Russell Senate Office Building Washington, DC 20510,

conspired with Defendant John A. Boehner, individually along with THE NEW YORK

STATE REPUBLICAN STATE COMMITTEE located at 315 STATE ST, ALBANY, NY

12210-2001 , THE NEW YORK STATE COMMITTEE OF THE INDEPENDENCE PARTY

located at Frank MacKay, Chairman Independence Party of New York State PO BOX 871

First Amended Complaint Page 19 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

Lindenhurst, NY 11757, STATE COMMITTEE OF THE CONSERVATIVE PARTY OF

NEW YORK STATE located at 486 78TH STREET BROOKLYN, NY 11209, and XYZ

JOINT FUNDRAISING COMMITTEES to use the funds associated with the campaign.

71. That Defendant Róger Calero, individually used campaign finance committees

nationally and in New York state according to records maintained by the Defendant NYS

BOE, and that include but are not limited to persons associated with THE SOCIALIST

WORKERS PARTY located at Committee Address: 1000 Grand Concourse, #4A Bronx, NY

10451, read more: http://www.city-data.com/elec08/CALERO.html#ixzz14RIyR4iu , and

XYZ JOINT FUNDRAISING COMMITTEES to use the funds associated with the

campaign.

72. That the campaign finance associated with the Defendant Soebarkah and Biden

Candidacy activities is aided and abetted by Democrat Party Electoral College slate malice

seated after the November 4, 2008 General Election that further damaged Plaintiff at both

the national and state level beyond what has occurred, and will occur, by reason of all

Defendants’ activities of unjustly enriching themselves at expense of Plaintiff and others

similarly situated.

73. That all the Defendants having been culpable to jointly and severally aid and abet

the false billing of Defendant Presidential Candidate campaigns with associated funds from

the New York state taxpayers in the excess of say $10,000,000.00 or more, are liable for the

cost of elections, with interest, and cost of suit caused by the scheme to defraud.

WHEREFORE, Plaintiff wishes a preliminary injunction hearing and

summary judgment under CPLR §3001 and permanent injunction against the

Defendants and such other relief as the Court deems just including:

First Amended Complaint Page 20 of 22


Strunk v. Paterson et al. NYS Supreme Court County of Kings 29642-08

a. That the Court order expedited discovery to determine the mope of the
I

alleged $10,000,000.00 or more actual damages plus after conducting

hearings and jury trial to determine the scope of punitive treble damages;
i
!

b. That the court order a report to be presented to the full legislature and

Chief judge of the Court of Appeals in the matter of public officer

impeachment, sedition, treason and referral for prosecution.

c.. And for further and different relief as the Court may deem necessary

herein.

Dated: Brooklyn,New York


November ?7
a 2010

Christopher-Earl: Strunk, in esse, Plaintiff


self-represent without being an attorney
593 Vanderbilt Avenue #281,
Brooklyn, New York 11238.
(845) 901-6767 E-mail: chris@strunk.ws

First Amended Complaint Page 21 of 22


Strunk v. Paterson et al. N Y S Supreme Court County of Kings 29642-08

VERIFICATION AFFIDAVIT

STATE OF NEW YORK )


) ss.
COUNTY OF KINGS 1

Accordingly, I, Christopher Earl Strunk, being duly sworn, depose and say under
penalty of perjury:
I have read the foregoing First Amended Complaint with five Causes of

Action with Exhibit A through I against Defendants in their official capacity and

individually, in which I request a Preliminary Injunction and Declaratory

Judgment for equity relief as well as for say $10,000,000.00 in damages plus treble

damages; and know the contents thereof apply to me by misapplication and

administration of laws and that has a question of first impression as a State

question involving the sedition and treason in enterprise corruption in creation of

the New York Electoral College going into the General Election of November 4,

2008; the same is true to my own knowledge, except as to the matters therein stated

to be alleged on information and belief, and as to those matters I believe it to be

true. The grounds of my beliefs as to all matters not stated upon information and

belief are as follows: 316 parties, books and records, and personal knowledge.
/1

Sworn to before me
This //- day of November 2010
MATTHEWS HUGGINS
Notary Public, State of New York
No. 01HU6103403
Qualified in Kings County
Commission Expires Dec.
/ N b t a b Pu

First Amended Complaint Page 22 of 22


SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------x
Christopher-Earl: Strunk v. PATERSON et al. Index No.: 29642 / 08

VERIFIED FIRST AMENDED COMPLAINT

Exhibit A
NYS Board of Elections President and Vice-President Election Returns Nov. 4, 2008

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DEM REP IND CON WOR GRE LBT PLT PSL SWP
Albany 90,099 43,498 3,645 3,443 3,838 372 521 1,555 40 99
Allegany 6,792 9,914 556 543 224 39 84 195 5 16
Broome 45,279 36,227 2,010 1,840 1,925 215 361 783 17 50
Cattaraugus 13,789 15,730 1,037 1,003 518 71 118 285 5 32
Cayuga 17,432 13,089 968 1,186 696 56 164 352 26 23
Chautauqua 27,958 24,778 2,128 1,673 1,171 104 238 650 23 39
Chemung 18,417 17,655 1,062 647 471 55 127 231 8 20
Chenango 9,710 9,259 655 423 390 62 90 235 6 17
Clinton 19,389 11,039 933 607 827 67 109 288 17 36
Columbia 16,574 11,023 1,241 1,073 982 88 124 258 11 29
Cortland 11,375 8,530 624 524 486 47 68 226 9 8
Delaware 9,036 9,406 641 477 426 56 93 204 9 36
Dutchess 68,614 51,453 3,883 4,292 2,446 269 427 780 19 63
Erie 245,214 153,944 12,353 12,518 11,085 770 1,393 4,216 117 316
Essex 9,943 7,112 512 289 447 35 66 148 9 29
Franklin 10,220 5,994 432 250 351 33 56 141 6 12
Fulton 9,389 10,497 577 635 306 32 79 263 4 18
Genesee 10,320 13,657 854 1,194 442 43 84 250 7 15
Greene 9,333 10,307 794 958 517 67 87 200 10 14
Hamilton 1,184 1,941 99 101 41 1 11 28 0 2
Herkimer 11,698 13,121 859 639 396 49 93 294 9 18
Jefferson 17,547 18,046 1,315 859 619 49 121 257 9 26
Lewis 4,786 5,345 338 286 200 21 52 88 1 12
Livingston 13,162 13,945 951 1,134 493 77 118 200 8 24
Madison 14,144 12,536 947 951 548 66 204 331 12 35
Monroe 201,184 122,834 8,142 13,286 6,187 577 1,428 2,059 60 107
Montgomery 8,764 9,412 665 634 316 29 71 248 7 22
Nassau 334,442 261,589 12,061 15,126 7,743 808 1,254 2,288 64 166
Niagara 45,193 40,592 2,768 2,988 2,110 134 317 1,025 22 49
Oneida 41,707 42,979 3,725 2,552 1,799 148 405 889 37 65
Onondaga 124,576 73,616 4,963 6,393 4,741 399 1,328 1,969 74 135
Ontario 24,277 21,961 1,382 1,828 826 85 238 358 11 36
Orange 75,977 61,903 5,680 4,459 2,349 259 399 780 35 68
Page 1 of 4
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DEM REP IND CON WOR GRE LBT PLT PSL SWP
Orleans 6,359 8,642 465 601 255 38 64 140 4 6
Oswego 23,718 20,713 1,323 1,535 1,059 108 287 441 23 42
Otsego 13,015 10,706 757 563 555 72 113 297 9 7
Putnam 20,706 21,396 1,802 1,947 907 50 148 235 4 11
Rensselaer 37,829 27,519 2,741 2,580 1,924 187 283 844 19 50
Rockland 67,165 52,866 4,400 4,486 2,378 152 222 414 17 36
Saratoga 54,790 46,554 3,031 3,270 1,855 175 446 1,020 21 63
Schenectady 37,113 25,400 1,869 2,489 1,498 151 274 900 23 48
Schoharie 5,746 7,034 497 540 263 28 58 196 2 17
Schuyler 3,737 3,984 322 236 196 25 21 72 3 4
Seneca 7,148 6,253 405 380 274 32 80 127 9 17
St. Lawrence 22,884 15,226 1,010 720 822 80 139 305 10 27
Steuben 16,551 21,587 1,491 1,125 597 93 141 270 9 24
Suffolk 334,154 262,408 20,816 23,797 12,395 876 1,443 3,067 96 297
Sullivan 16,281 11,838 1,006 1,056 569 60 79 231 11 22
Tioga 9,822 11,463 646 427 350 39 107 213 5 13
Tompkins 27,677 10,740 731 456 2,149 186 188 319 9 17
Ulster 51,164 27,922 2,598 2,780 3,156 294 319 761 30 47
Warren 15,671 13,649 955 825 610 56 93 312 7 28
Washington 12,171 11,007 763 763 570 47 106 252 13 22
Wayne 17,555 19,176 1,204 1,859 629 64 174 275 19 24
Westchester 254,583 128,737 10,327 8,760 7,227 534 943 1,352 65 295
Wyoming 6,110 9,693 613 692 269 27 60 167 12 12
Yates 4,709 4,689 287 293 181 10 32 52 4 7
Total Outside NYC 2,634,182 1,942,134 138,859 146,991 96,604 8,567 16,148 34,336 1,121 2,773
Bronx 330,875 37,199 2,158 2,326 7,386 425 209 475 103 124
Kings 581,159 138,930 6,187 6,755 22,366 1,292 876 1,720 153 207
New York 555,214 82,707 5,171 2,071 17,156 1,288 1,378 2,187 110 252
Queens 467,344 139,376 7,975 7,870 13,348 1,019 768 1,933 128 210
Richmond 76,558 77,977 3,623 4,462 2,753 210 217 598 24 49
Total NYC 2,011,150 476,189 25,114 23,484 63,009 4,234 3,448 6,913 518 842
Statewide Total 4,645,332 2,418,323 163,973 170,475 159,613 12,801 19,596 41,249 1,639 3,615

RECAP 4,804,945 2,752,771 12,801 19,596 41,249 1,639 3,615


Page 2 of 4
NYS Board of Elections President and Vice-President Election Returns Nov. 4, 2008

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Official Presidential Write-In Candidates
Albany 0 22 3 0 1 0 0 0 0 1,516 51 130 1,697 148,833
Allegany 0 0 0 0 0 0 0 0 0 170 56 38 264 18,632
Broome 0 10 1 0 0 0 0 0 0 849 71 119 1,039 89,757
Cattaraugus 0 0 0 0 0 0 0 0 0 376 0 29 405 32,993
Cayuga 0 0 0 0 0 0 0 0 0 1,250 0 30 1,280 35,272
Chautauqua 0 8 0 0 2 0 0 0 0 1,285 0 30 1,315 60,087
Chemung 0 2 0 0 0 0 0 0 0 343 0 0 343 39,038
Chenango 0 0 0 0 0 0 0 0 0 225 23 0 248 21,095
Clinton 0 1 1 0 0 0 0 0 0 399 16 23 438 33,752
Columbia 0 4 1 0 0 0 0 0 0 418 6 25 449 31,857
Cortland 0 3 0 0 0 0 0 0 0 192 7 20 219 22,119
Delaware 0 5 0 0 0 0 0 0 0 227 0 0 227 20,616
Dutchess 0 8 0 0 0 0 0 0 0 1,307 10 48 1,365 133,619
Erie 0 53 5 0 0 0 1 0 0 5,399 0 0 5,399 447,384
Essex 0 1 0 0 0 0 0 0 0 247 0 4 251 18,842
Franklin 0 1 0 0 0 0 0 0 0 332 28 24 384 17,880
Fulton 0 5 0 0 0 0 0 0 0 130 12 19 161 21,966
Genesee 0 0 0 0 0 0 0 0 0 307 22 7 336 27,202
Greene 0 27 1 0 0 0 0 0 0 525 10 20 555 22,870
Hamilton 0 3 0 0 0 0 0 0 0 0 26 0 26 3,437
Herkimer 0 8 0 0 0 0 0 0 0 345 71 0 416 27,600
Jefferson 0 0 0 0 0 0 0 0 0 740 0 38 778 39,626
Lewis 0 0 0 0 0 0 0 0 0 201 0 9 210 11,339
Livingston 0 15 0 0 0 0 0 0 0 234 1 22 257 30,384
Madison 0 4 0 0 0 0 0 0 0 232 36 24 292 30,070
Monroe 0 119 4 0 0 0 0 1 0 2,605 54 436 3,095 359,083
Montgomery 0 6 1 0 0 0 0 0 0 259 0 0 259 20,434
Nassau 0 8 0 0 0 0 0 0 1 7,094 0 68 7,026 642,576
Niagara 0 8 1 0 0 0 0 0 0 1,010 0 65 1,075 96,282
Oneida 0 6 1 0 0 0 0 0 0 1,116 0 52 1,168 95,481
Onondaga 0 0 0 0 0 0 0 0 0 2,265 0 45 2,310 220,504
Ontario 0 18 0 0 0 0 0 0 0 388 76 0 464 51,484
Orange 0 9 0 0 0 0 0 0 0 1,667 0 64 1,731 153,649
Page 3 of 4
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Official Presidential Write-In Candidates
Orleans 0 0 0 0 0 0 0 0 0 128 15 10 153 16,727
Oswego 0 5 1 0 0 0 0 0 0 680 38 94 812 50,067
Otsego 0 7 0 0 0 0 0 0 0 323 1 20 344 26,445
Putnam 0 6 1 0 0 0 0 0 0 221 0 31 252 47,465
Rensselaer 0 7 3 0 0 0 0 0 0 964 26 0 990 74,976
Rockland 0 0 0 0 0 0 0 0 0 2,443 1 57 2,501 134,637
Saratoga 1 29 0 0 0 0 0 0 0 769 0 132 901 112,156
Schenectady 0 12 1 0 0 0 0 0 0 561 0 64 625 70,403
Schoharie 0 0 0 0 0 0 0 0 0 131 25 21 177 14,558
Schuyler 0 0 0 0 0 0 0 0 0 84 12 0 96 8,696
Seneca 0 0 0 0 0 0 0 0 0 159 20 16 195 14,920
St. Lawrence 0 19 0 0 0 0 0 0 0 452 9 84 545 41,787
Steuben 0 3 0 0 0 0 0 0 0 503 39 20 562 42,453
Suffolk 0 52 2 0 0 0 0 0 0 5,801 99 376 6,276 665,679
Sullivan 0 0 0 0 0 0 0 0 0 294 32 30 356 31,509
Tioga 0 5 0 0 0 0 0 0 0 184 27 41 252 23,342
Tompkins 0 12 0 0 0 0 0 1 0 219 40 67 326 42,811
Ulster 0 19 0 0 0 0 0 0 0 850 18 59 927 90,017
Warren 0 0 0 0 0 0 0 0 0 239 10 39 288 32,494
Washington 0 2 0 0 0 0 0 0 0 219 0 14 233 25,949
Wayne 0 20 3 0 0 0 0 0 0 375 0 43 418 41,420
Westchester 0 10 0 0 2 0 0 0 12 4,452 0 197 4,649 417,496
Wyoming 0 3 0 0 0 0 0 0 0 171 0 9 180 17,838
Yates 0 0 0 0 0 0 0 0 0 161 0 16 177 10,441
Total Outside NYC 1 565 30 0 5 0 1 2 13 54,036 988 2,829 57,717 5,080,049
Bronx 0 3 1 0 1 0 0 1 0 4,075 0 36 4,111 385,397
Kings 0 23 0 0 3 0 0 0 0 8,855 0 177 9,032 768,703
New York 0 20 2 0 0 0 0 0 4 5,982 0 325 6,307 673,867
Queens 0 16 1 0 0 0 0 0 1 5,809 0 148 5,957 645,946
Richmond 0 7 1 0 1 0 0 0 0 1,479 0 98 1,577 168,057
Total NYC 0 69 5 0 5 0 0 1 5 26,200 0 784 26,984 2,641,970
Statewide Total 1 634 35 0 10 0 1 3 18 80,236 988 3,613 84,701 7,722,019

RECAP 1 634 35 0 10 0 1 3 18
Page 4 of 4
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------x
Christopher-Earl: Strunk v. PATERSON et al. Index No.: 29642 / 08

VERIFIED FIRST AMENDED COMPLAINT

Exhibit B
State of New York:
We do hereby certify that at a National Convention of Delegates representing the Republican
Party of the United States. duly held and convened in the City of Saint Paul. State of Minnesota,on
~ c p t e m b e r k2008.
, the following person. meeting the constitutional requirements for the Office
of Pmident of the United States. and the following person, meeting the constitutionalrequirements
for the Office of Vice President of the United States, wen nominated for such offices to be filled
at the ensuing general election, November 4.2008. vh.:

V i a b i d e n r of the 1140West Pdcs Highway

IN TESTIMONY WHEREOF, we haw hereunto set

Pcnnanent Addnss lam^. ~ c e a m


of Chainnan of CUPLANE
737 I 'CHARTER
.Canvention warrc-.Ot(45069 National Convention

Jeur A. Iwwu
457 Csrrw Snm
Convention AVW MA

John A. Boehner, being duly 6ArOm. says that he was the presiding officer of the Convention of

I Delegates mentioned and described in the foregoing artificatc. and that the said Jean A. Inman was
the secretary of such convention. and that said certificate and the statements therein contained an true
to the best of his information and belief.

and swam to befan me


of September. 2008
Nomy Public
My Commission mpimoo haday ofI,-

Jean A. Inrmn. being duly sworn. says that she was the seuetary of the Convention of Delegates
mentioned aad dcscrii in Lhe fagoing catificate. and that the said John A. B o b was the presiding
officerof such convention. and that said certificate and the statements therein contained are true to the
best of her information and belief.
s w m to before me
this day of September, 2008 N o m y PvMic
MYCommisdon cxpitw on &dny CZ-
DEMOCRATIC NATIONAL COMMITTEE

OFFICIAL CERTIFICATION OF NOMINATION

THIS IS TO CERTIFY that at the National Convention of the Democratic Party


of the United States of America, held in Denver, Colorado on August 25 though 28,
2008, the following were duly nominated as candidates of said Party for President and
Vice President of the United States respectively:

For President of the United States

Barack Obama
5046 South Greenwood Avenue
Chicago, Illinois 606 15 2: --.
2J

-
For Vice President of the United States .. ...-.
>

... .

Joe Biden
1209 Barley Mill Road
Wilmington, Delaware 19807

Nan y Pelosi
Chair, Democratic National Secretary, Democratic National
Convention Convention

City and County of Denver )


) ss:
State of Colorado 1
Subscribed and sworn to before me in the City and County of Denver, State of Colorado,
this 2 Z a y of August, 2008.

SHAtlFA A. WILLIAMSON
Notary Public

WkuCommlbslon~~O6,2011

. .
Democratic Party Headquarters 430 South Capitol Street, SE Washington, DC. 20003 (202) 863-8000 Fax (202) 863-8174
Paid& by lbe Denzocratic ,Vatzonal Conzmittee. Contributions lo /he Denzocsatic :\htional Comnzittee ore not tax dedzrctible.
Visit our website at w.dernocrats.org.
.uw CERTIFICATE OF NOMINATION
INDEPENDENCE PARTY OF THE STATE OF NEW YORK
PLEASE TAKE NOTICE, that we the undersigned, Hon. Frank MacKay and
Hon. William Bogardt, acting as the Presiding Officer/Chairman and Secretary,
respectively, at a meeting of the State committee of the Independence Party of the State
of New York, which was duly called and held at the Holiday Inn Turf, 205 Wolf Road,
Albany, New York 12205, on the 21S' day of September, 2008 and at which a quorum
was present, do hereby certify that the following persons were duly nominated by
majority vote for the office of President and Vice President of the United States:

Title of Office to be Filled Name of Candidate Place of Residence of


Candidate
President of the John McCain 22 11 East Camelback Road,
United States Phoenix, Arizona, 85016
Vice President of the Sarah Palin 1140 West Parks Highway,
United States Wasilla, Alaska, 99654

FURTHERMORE, we do hereby certify that the persons whose names and


addresses appear on the attached list were duly nominated as electors of the President and
Vice-President of the United States, in accordance with section 6-102 of the New York
State Election Law, committed to the candidacy of John McCain for President and Sarah
Palin for Vice President of the United States.
FURTHERMORE, we do hereby certify that the following named persons were
appointed to serve as a committee to fill vacancies for the candidates and for the electors
named on the attached list: Frank MacKay, 37 Village Green Drive, Port Jefferson
Station, New York, 11776; Thomas Connolly, Jr., 19 Dobert Court, Wyantskill, New
York, 12198; and William Bogardt, 160 Archer Avenue, Copaigue, New York, 11726, in
accordance with the provisions of the Election Law.

Dated: September 2 1,2008


Frank MacKay
Presiding Officer/Chairman

William Bogardt
Secretary
CERTIFICATE OF NOMINATION
CONSERVATIVE PARTY OF THE STATE OF NEW YORK

PLEASE TAKE NOTICE, that we the undersigned, Michael R. Long and


Howard Lim, Jr., acting as the Presiding OfficerIChairman and Secretary, respectively, at
a meeting of the State committee of the Conservative Party of the State of New York,
which was duly called and held at the New York Athletic Club, 180 Central Park South,
New York, New York 10019 at 4:00 P.M. on the 22fld day of September, 2008 and at
which a quorum was present, do hereby certify that the following persons were duly
nominated for the office of President and Vice President of the United States:

I Title of Office to be Filled I Name of Candidate 1 Place of Residence of I


Candidate
President of the John McCain 22 1 1 East Camelback Road
United States Phoenix, Arizona 850 16
Vice President of the Sarah Palin 1 140 West Parks Highway
United States Wasilla. Alaska 99654

FURTHERMORE, we do hereby certify that the persons whose names and


addresses appear on the attached list were duly nominated as electors of the President and
Vice-President of the United States, in accordance with section 6-102 of the New York
State Election Law, committed to the candidacy of John McCain for President and Sarah
Palin for Vice President of the United States.

Dated: September 22,2008

Presiding Secretary

Page 1 of 7
CERTIFICATE OF NOMINATION
By the State Committee
of the Working Families Party

We, Robert P. Master and Alexander Rabb, the undersigned, DO HEREBY CERTIFY THAT:

At a meeting of the State Committee of the Working Families Party of New York State, duly convened
and held at 6:00 PM on the 15th day of September, 2008 at 2 Nevins Street in Brooklyn, City of New
York, County of Kings, State of New York, a quorum of said Committee being present, said Committee
did, by majority vote of the members present, voting by weighted ballot, nominate the following Working
Families Party candidates for office at the General election to be held November 4, 2008:

Barack Obama
5046 South Greenwood Avenue
Chicago, Illinois 60615
for President of the United States of America

: Joe Biden
1209 Barley Mill Road
Wilmington, Delaware 19807
for Vice President of the United States of America

Stuart Applebaum -
405:E 82nd St Apt 5H
New York, NY 10028-6074
for Elector of President and Vice President of the United States o f America

George Arthur -
154 Roebling Ave
Buffalo, NY 14215-3308
for Elector of President and Vice President of the United States of America

Suzy Ballantyne -
15 Cheviot Ct
Clifton Park, NY 12065-59 15
for Elector of President and Vice President of the United States of America

Frank A. Bolz 111


10 1 Wilmington Drive
-
Melville, NY 1 1747
for Elector of President and Vice President of the United States of America

Jon Cooper -
28 Lloyd Point Drive
Lloyd Harbor, N Y 1 1743
for Elector of President and Vice President of the United States of America

Page 1 of 5
Andrew Cuomo -
1 West St Apt 3608
New York, NY 10004-1038
for Elector of President and Vice President of the United States of America

Maritza Davila-
924 Hart St Apt 2R
Brooklyn, NY 1 1237
for Elector of President and Vice President of the United States of America

Inez Dickens -
201 W 139th St Apt 1F
New York, NY 10030-2145
for Elector of President and vice President of the United States of America

~ h o m a DiNapoli
s -
100 Great Neck Rd Apt 1E
Great Neck, NY 1 1021-3342
for Elector of President and Vice President of the United States of America

Barbara Fiala -
27 Colfax Ave.
Binghamton, NY 13905-2106
for Elector of President and Vice President of the United States of America

Richard Fife -
101 W 79th St Apt 9D
New York, NY 10024-6475
for Elector of President and vice President of the United States of America

Helen D. Foster -
1210 Woodycrest Ave Apt 5B
Brow, NY 10452-3739
for Elector of President and Vice President of the United States of America

Bethaida Gonzalez -
5570 S Salina St
Syracuse, NY 13205-3036
for Elector of President and Vice President of the United States of America
Pamela Green-Perkins -
14 Morhingside Ave. Apt. 64
New Y'ork, NY 10026-2329
for Elector of President and Vike President of the United States of America

Page 2 of 5
deorge Gresham -
1313 E 233rd St
Bronx, NY 10466-33 13
for Elector of President and Vice President of the United States of America

Velda Jeffrey
1335 E 83rd St
Brooklyn, NY 1 1236-5 101
for Elector of President and Vice President of the United States of America

Hakeem Jeffries F
35 Underhill Ave
Brooklyn, NY 1 123 8-3 173
for Elector of President and Vice President of the United States of America

Reginald Lafayette
41 8 Bedford Ave
-
Mount Vernon, NY 10553-20 17
for Elector of President and Vice President of the United States of America

Alan Lubin -
8 1 Pico Rd
Clifton Park, NY 12065-6717
for Elector of President and Vice President of the United States of America

-
Maria ~ u n ' a
839 Riverside Dr Apt 4A
New York, NY 10032-6425
for Elector of President and Vice President of the United States of America

Robert Master
458 14th Street
Brooklyn, NY 11215
for Elector of President and Vice President of the United States of America

June F. O'Neill -
75 Pollock Rd
Canton, NY 136 17-4325
for Elector of President and Vice President of the United States of America

David A. Paterson -
45 W 132nd St Apt 7N
New York, N Y 10037-3 1 14
for Elector of President and Vice President of the United States of America

Christine Quinn -
440 W 24th St Apt 2A
New York, NY 1001 1-1 350
for Elector of President and Vi:ce President of the United States of America

Page 3 of 5
Sheldon Silver -
500 G Grand Street #5A
New York, NY 10002-4262
for Elector of President and Vice President of the United States of America

Deborah A. Slott -
2 2 7 57th
~ St Apt 10F
New York, NY 10022-2837
for Elector of President and Vice President of the United States of America

Malcolm Smith -
11220 178th Pi
Jamaica, NY 11433-4 122
for Elector of President and Vice President of the United States of America

William C. Thompson Jr. -


768 Putnam Ave
Brooklyn, NY 1122 1-2 108
for Elector of President and Vice President of the United States of America

Alan VanCappelle -
303 Park Ave S Apt 405
New York, NY 100 10-3625
for Elector of President and Vice President of the United States of America

Terrence Yang -
1735 York Ave Apt 28H
New York, NY 10128-6861
for Elector of President and Vice President of the United States of America

i Ivan Young -
75 'Princess Avenue
Bay Shore, NY 1 1706-16 17
for Elector of President and vice President of the United States of America

The above nominations were made pursuant td~Sections 6-102, 6-104, and 6-1 56 of the Election Law and
the Rules of the Working Families Party of New York State;
At the aforesaid meeting, said State Committee did, by majority vote of the members present at such
meeting, voting by weighted ballot, establish and elect as a Committee to Fill vacancies related to all of
the above designated and nominated candidates for statewide public office the following enrolled
members of the Working Families Party:

Robert P. Master, 458 14th Street, Brooklyn, NY 11215


Bertha M. Lewis, 14 1 Lenox Road, Basement AA, Brooklyn, NY 1 1226
Sam Williams, 3 127 Upper Mountain Road, Lockport, NY 14094

The State Committee did establish and elect tQe aforementioned Committee to Fill Vacancies pursuant to
Section 6-104 of the Election Law and the ~ u i e of
s the Working Families Party of New York State.

Page 4 of 5
We do further CERTIFY that Robert P. Master was the Presiding Officer of said meeting and that
Alexander Rabb was the Secretary thereof. '

IN WITNESS WHEREOF, we have hereunto set our hands this 15th day of September, 2008.

Presiding Officer Presiding Secretary

STATE OF NEW YORK )


- .. -
...-
( SS. :
COUNTY OF KINGS )

On this 15th day of September, 2008, before me came Robert P. Master and Alexander Rabb, personally
known to me to be the individual whose nam&is subscribed to within the instrument and acknowledged to
me that they executed the same in their capacities as Presiding Officer and Secretary of the
d meeting and that by their signatures on the instrument.
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We, Robert P. Master and Alexander Rabb, being severally duly sworn each for himself deposes and says:

That we have read the foregoing certificate of nomination and designation and know the contents thereof
and that the same is true to our knowledge except as to those matters we believe to be true.

That said certificate was made and executed pursuant to the Rules and Regulations of the Working
Families Party of New York State and in accordance with the New York State Election Law.

That Robert P. Master was the Presiding Officer at the meeting referred to in the above certificate and that
Alexander Rabb was the Secretary thereof.

R bert P. Master Alexander Rabb


Presiding Officer Secretary

Sworn to before me this 15th day of September, 2008-


E V I N A. FINNEGAN
Public, state of New yon
No. 02F15073926
Notary Public/Commissioner of Deeds QualiAqd In New York county
cQfmfs.~n Expira 03/10/20&

Page 5 of 5
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------x
Christopher-Earl: Strunk v. PATERSON et al. Index No.: 29642 / 08

VERIFIED FIRST AMENDED COMPLAINT

Exhibit C
J a n 06 09 01: 16p

STAT]? OF I.IAWAII
0FFIC:F. C)L' ISLEC'I'IONS
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'l'hank you Ibr your rccclit lcttcr requesting "documents that show that Baracb
Olxlma is qtlalilied to be I'resident ol'tlir llnitecl States."

'l'hc Iluwuii process Ibr 3 prcsidcntinl candidate to obtain acccss to tlic b;~llotis
spcllcd out in the law. I-lawnii lIcviscd Statutes $ 1 1 -1 13 (Prcsidctltial Ballols) pi~irvidcs
1hnt :I rccognincd political party will pt.ovidc tlic Ollicc ol'l?lections with the ~ ~ ~ l l o w i n g
inlixnratiun prior- to placing lhc tlarncs oT ils cundidaks Ibr Prcsidcnt and Vice President
on the prcsidentirll ballot: ( I ) tlic namcs and addrcsscs of its candidntcs. (2) u slnlcmcnr
by thc political party t h ~ cacli
t cmditlatcs is legally q~~alilicrl
to scrvc undcr tho
provisions o f ~ h IJnitcd
c Statcs (:onstitrdion, and ( 3 ) a statcmcnt that thc candidates are
the clt~lychosen c~lndidutcsol:bolh thc state and thc national party. A party that PI-ovides
this information for its candidate for prcsidcnt and vicc-prcsidcnt of the United States
secures its ccuididatcs placc on thc ballot.

I~nclosl'dis A copy of'll~eollici;~lcctlilications ofnominatio~~finm tlic


r)enlocratic Party of the United States and the Ilernocratic Party of Hawaii statiilg that
their nominccs arc lcgally qualified to serve under the provisions of the United Slatcs
C'onstitution. I'his inhr~nationqi~aliliesSen. Barnck Obama's and .loe I3iden.s names 10
have nppcarcd on the Hawaii b;lllot.
J a n 06 09 01: 16p

. .

Democratic Party of Hawaii

-
1050 Ala Moana Blvd. #2660
Honolulu, HI 96814
Phone (808)596-2080
Fax (806)586-2985
Ernall: d~h$taff@inbox.com
Website : www.hawaii.democratsSoI~

OFFlClAl CERTIFICATION OF NOMINATION

State of Hawai'i

THIS IS TO CERTIFY that the following candidates for President and Vice-
President of the United States are legally qualified to serve under the prov~sionsof the
national Democratic Parties balloting at the Presidential Preference Poll and Caucus
held on February 19'" 2008 in the State of Hawaii and by acclamation at the National
Democratic Convention held August 27. 2008 in Denver, Colorado.

For PresMent of tho Unitod Statos

Barack Obama
P.O. Box 8102
Chicago. IL. 60680

For Vice President of the United States

Joe Biden
1209 Barley Mill Rd.
Wilminyton. DE 19807

IN TESTIMONY WHEREOF we have hereunto set our hands on t h ~ s ~ d a y


of August, 2008,

Br~anE. Schatz
Chair
-
Democratic Party of Hawaii
' V '
Secretary
Democratic Party of Hawaii
1050Ala Moana Blvd. #2860 1050 Ala Moana Blvd. #2660
Honolulu, HI 96814 Honolulu, HI 96814

D E M O C R A T I C P A R T Y OF HAWAII *Ms--
1050 Alr Moana Dlvd. Suirr D2G Hot~olulu.HI 76814 0 Pl~dnc:(808) 596-2980 4 Pan: (808) 596-2985
J a n 0 6 0 9 0 1 : 16p

DEMOCRnrrC NATIONAL COMMITTEE

OFFICJAI,CERTIFICATION OF NOMINATIOW

THIS IS TO CERTIFY that at the National Convention of the Democratic Patty


of the Unitcd States o f America, held in Denver, Colorado on August 25 though 28,
2008, the following were duly nominated as candidates of said Party for President and
Vice Pl-esident o f the Unitcd States respectivcly and that the following candidates for
Prcsidcnt and Vicc President of the Unitcd States are legally qualified to serve under the
provisions of the United Stab% Constitution:

Fur President o f the United States

Barack Obama
5046 South Greenwood Avenuc
Chicago, Illinois 60615
For Vice Prenidcnt of thc Unitcd States
h c Bidcn
1209 Barley Mill Road
Wilmington, Dclaware 19807

"
I
Chair, Democratic National SecreWry, Democratic Nutionat
Convention convention

City and County of Denver )


) ss:
State of Colorado )

Subscribed and sworn to before. me in thc City and County of Denver, Stale of Colorado,
t h i s z d a y of August, 2008.

Notary Publlc

h+j Cmw&!w 6 l g ~ Bsptwnbar06.2011


s Commission expiralion dalc
Democratic Party Hcadqunnecs 430 Soutl~Capirol SIN, SE Wshin~iotr,BC.2M03 1 (202) 863-8WO r Fax (202)869-8174
Paidj'ur by the OomocruIic Nullonul ComrnfllcxXCo~t~~&rrI/orr,r
lo //E hmocmtk NUI~OVIQ~ urn !zO! lax dcllucliblb(p
Cornrn~l~v
Wsll our websitc a1 w . d c m w a M . o r e .
Jan 06 09 01:17p

P.C.
&IFF & YOUNG,
SANDLER,

August 28,2008

Kevin B. Cronin
Chief EI~ctionsOfYicer
A m : BOPS
802 Lchua Ave.
Pearl City, HI 96782

Dear Mr. Cronin:


Please find enclosed the officialCertificate of Nomination of Senator Barack Obama as
the nomitm of the Democratic Partv of the United States for President of the Unitcd States and
of Senator Joe Biden as nominee foi Vicc Pmidcnt of the United Statcs.

If you need m y additional infomiation, please contact Liz Howard at 202-479-11 I I.


Thank you for your assistnnce.

Sincerely,

&seph E. Sandler
Gcncral Counsel, Demooratio Nationnl Committee

S.E.,SUI r t 1 1 02 WASHING~(IN,DC 20003


300 M STRECI'.
a-Zw.a4
.TEL:(202)479-11 1 I FAX:(202)479-1 1 15
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------x
Christopher-Earl: Strunk v. PATERSON et al. Index No.: 29642 / 08

VERIFIED FIRST AMENDED COMPLAINT

Exhibit D
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------x
Christopher-Earl: Strunk v. PATERSON et al. Index No.: 29642 / 08

VERIFIED FIRST AMENDED COMPLAINT

Exhibit E
Convention Between the United States and the Republic of Panama. ... Page 1 of 8

Harvard Classics 6

Nonfiction > Harvard Classics > American Historical Documents


PREVIOUS

CONTENTS · BOOK CONTENTS · BIBLIOGRAPHIC RECORD


American Historical Documents, 1000–1904.
The Harvard Classics. 1909–14.

Convention Between the United States and the Republic of Panama

(1904)

[The attempt on the part of a French company to build a Panama canal was begun in 1879
under a concession from the Republic of Colombia, through whose territory the canal was to
pass. When the enterprise was taken over by the United States in 1903, the treaty with
Colombia, arranging for United States control of the canal strip, was rejected by the
Congress of Colombia. The people of the isthmus, whose prosperity largely depended on the
building of the canal, thereupon seceded from Colombia, set up the Republic of Panama, and
agreed to the following convention.]

1
FOR the Construction of a Ship Canal to Connect the Waters of the Atlantic and Pacific
Oceans. Signed at Washington, November 18, 1903. Ratification advised by the Senate,
February 23, 1904. Ratified by the President, February 25, 1904. Ratified by Panama,
December 2, 1903. Ratifications exchanged at Washington, February 26, 1904.
Proclaimed, February 26, 1904.

2
By the President of the United States of America.
A Proclamation

Whereas, a Convention between the United States of America and the Republic of
Panama to insure the construction of a ship canal across the Isthmus of Panama to
connect the Atlantic and Pacific Oceans, was concluded and signed by their respective
Plenipotentiaries at Washington, on the eighteenth day of November, one thousand nine
hundred and three, the original of which Convention, being in the English language, is
word for word as follows:

3
Isthmian Canal Convention

The United States of America and the Republic of Panama being desirous to insure the
construction of a ship canal across the Isthmus of Panama to connect the Atlantic and
Pacific Oceans, and the Congress of the United States of America having passed an act
approved June 28, 1902, in furtherance of that object, by which the President of the

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United States is authorized to acquire within a reasonable time the control of the
necessary territory of the Republic of Colombia, and the sovereignty of such territory
being actually vested in the Republic of Panama, the high contracting parties have
resolved for that purpose to conclude a convention and have accordingly appointed as
their plenipotentiaries,—
4
The President of the United States of America, John Hay, Secretary of State, and
5
The Government of the Republic of Panama, Philippe Bunau-Varilla, Envoy
Extraordinary and Minister Plenipotentiary of the Republic of Panama, thereunto
specially empowered by said government, who after communicating with each other
their respective full powers, found to be in good and due form, have agreed upon and
concluded the following articles:

6
Article I

The United States guarantees and will maintain the independence of the Republic of
Panama.

7
Article II

The Republic of Panama grants to the United States in perpetuity, the use, occupation
and control of a zone of land and land under water for the construction, maintenance,
operation, sanitation and protection of said Canal of the width of ten miles extending to
the distance of five miles on each side of the center line of the route of the Canal to be
constructed; the said zone beginning in the Caribbean Sea three marine miles from mean
low water mark and extending to and across the Isthmus of Panama into the Pacific
Ocean to a distance of three marine miles from mean low water mark with the proviso
that the cities of Panama and Colon and the harbors adjacent to said cities, which are
included within the boundaries of the zone above described, shall not be included within
this grant. The Republic of Panama further grants to the United States in perpetuity, the
use, occupation and control of any other lands and waters outside of the zone above
described which may be necessary and convenient for the construction, maintenance,
operation, sanitation and protection of the said Canal or of any auxiliary canals or other
works necessary and convenient for the construction, maintenance, operation, sanitation
and protection of the said enterprise.
8
The Republic of Panama further grants in like manner to the United States in perpetuity,
all islands within the limits of the zone above described and in addition thereto, the group
of small islands in the Bay of Panama, named Perico, Naos, Culebra and Flamenco.

9
Article III

The Republic of Panama grants to the United States all the rights, power and authority
within the zone mentioned and described in Article II of this agreement, and within the
limits of all auxiliary lands and waters mentioned and described in said Article II which
the United States would possess and exercise, if it were the sovereign of the territory
within which said lands and waters are located to the entire exclusion of the exercise by
the Republic of Panama of any such sovereign rights, power or authority.

10
Article IV

As rights subsidiary to the above grants the Republic of Panama grants in perpetuity, to
the United States the right to use the rivers, streams, lakes and other bodies of water
within its limits for navigation, the supply of water or waterpower or other purposes, so
far as the use of said rivers, streams, lakes and bodies of water and the waters thereof
may be necessary and convenient for the construction, maintenance, operation, sanitation
and protection of the said Canal.

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11
Article V

The Republic of Panama grants to the United States in perpetuity, a monopoly for the
construction, maintenance and operation of any system of communication by means of
canal or railroad across its territory between the Caribbean Sea and the Pacific Ocean.

12
Article VI

The grants herein contained shall in no manner invalidate the titles or rights of private
land holders or owners of private property in the said zone or in or to any of the lands or
waters granted to the United States by the provisions of any Article of this treaty, nor
shall they interfere with the rights of way over the public roads passing through the said
zone or over any of the said lands or waters unless said rights of way or private rights
shall conflict with rights herein granted to the United States in which case the rights of
the United States shall be superior. All damages caused to the owners of private lands or
private property of any kind by reason of the grants contained in this treaty or by reason
of the operations of the United States, its agents or employees, or by reason of the
construction, maintenance, operation, sanitation and protection of the said Canal or of the
works of sanitation and protection herein provided for, shall be appraised and settled by a
joint Commission appointed by the Governments of the United States and the Republic
of Panama, whose decisions as to such damages shall be final and whose awards as to
such damages shall be paid solely by the United States. No part of the work on said
Canal or the Panama railroad or on any auxiliary works relating thereto and authorized
by the terms of this treaty shall be prevented, delayed or impeded by or pending such
proceedings to ascertain such damages. The appraisal of said private lands and private
property and the assessment of damages to them shall be based upon their value before
the date of this convention.

13
Article VII

The Republic of Panama grants to the United States within the limits of the cities of
Panama and Colon and their adjacent harbors and within the territory adjacent thereto the
right to acquire by purchase or by the exercise of the right of eminent domain, any lands,
buildings, water rights or other properties necessary and convenient for the construction,
maintenance, operation and protection of the Canal and of any works of sanitation, such
as the collection and disposition of sewage and the distribution of water in the said cities
of Panama and Colon, which, in the discretion of the United States may be necessary and
convenient for the construction, maintenance, operation, sanitation and protection of the
said Canal and railroad. All such works of sanitation, collection and disposition of
sewage and distribution of water in the cities of Panama and Colon shall be made at the
expense of the United States, and the Government of the United States, its agents or
nominees shall be authorized to impose and collect water rates and sewage rates which
shall be sufficient to provide for the payment of interest and the amortization of the
principal of the cost of said works within a period of fifty years and upon the expiration
of said term of fifty years the system of sewers and water works shall revert to and
become the properties of the cities of Panama and Colon respectively, and the use of the
water shall be free to the inhabitants of Panama and Colon, except to the extent that
water rates may be necessary for the operation and maintenance of said system of sewers
and water.
14
The Republic of Panama agrees that the cities of Panama and Colon shall comply in
perpetuity, with the sanitary ordinances whether of a preventive or curative character
prescribed by the United States and in case the Government of Panama is unable or fails
in its duty to enforce this compliance by the cities of Panama and Colon with the sanitary
ordinances of the United States the Republic of Panama grants to the United States the
right and authority to enforce the same.

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15
The same right and authority are granted to the United States for the maintenance of
public order in the cities of Panama and Colon and the territories and harbors adjacent
thereto in case the Republic of Panama should not be, in the judgment of the United
States, able to maintain such order.

16
Article VIII

The Republic of Panama grants to the United States all rights which it now has or
hereafter may acquire to the property of the New Panama Canal Company and the
Panama Railroad Company as a result of the transfer of sovereignty from the Republic of
Columbia to the Republic of Panama over the Isthmus of Panama and authorizes the
New Panama Canal Company to sell and transfer to the United States its rights,
privileges, properties and concessions as well as the Panama Railroad and all the shares
or part of the shares of that company; but the public lands situated outside of the zone
described in Article II of this treaty now included in the concessions of both said
enterprises and not required in the construction or operation of the Canal shall revert to
the Republic of Panama except any property now owned by or in the possession of said
companies within Panama or Colon or the ports or terminals thereof.

17
Article IX

The United States agrees that the ports at either entrance of the Canal and the waters
thereof, and the Republic of Panama agrees that the towns of Panama and Colon shall be
free for all time so that there shall not be imposed or collected custom house tolls,
tonnage, anchorage, lighthouse, wharf, pilot, or quarantine dues or any other charges or
taxes of any kind upon any vessel using or passing through the Canal or belonging to or
employed by the United States, directly or indirectly, in connection with the construction,
maintenance, operation, sanitation and protection of the main Canal, or auxiliary works,
or upon the cargo, officers, crew, or passengers of any such vessels, except such tolls and
charges as may be imposed by the United States for the use of the Canal and other works,
and except tolls and charges imposed by the Republic of Panama upon merchandise
destined to be introduced for the consumption of the rest of the Republic of Panama, and
upon vessels touching at the ports of Colon and Panama and which do not cross the
Canal.
18
The Government of the Republic of Panama shall have the right to establish in such
ports and in the towns of Panama and Colon such houses and guards as it may deem
necessary to collect duties on importations destined to other portions of Panama and to
prevent contraband trade. The United States shall have the right to make use of the towns
and harbors of Panama and Colon as places of anchorage, and for making repairs, for
loading, unloading, depositing, or transshipping cargoes either in transit or destined for
the service of the Canal and for other works pertaining to the Canal.

19
Article X

The Republic of Panama agrees that there shall not be imposed any taxes, national,
municipal, departmental, or of any other class, upon the Canal, the railways and auxiliary
works, tugs and other vessels employed in the service of the Canal, store houses, work
shops, offices, quarters for laborers, factories of all kinds, warehouses, wharves,
machinery and other works, property, and effects appertaining to the Canal or railroad
and auxiliary works, or their officers or employees, situated within the cities of Panama
and Colon, and that there shall not be imposed contributions or charges of a personal
character of any kind upon officers, employees, laborers, and other individuals in the
service of the Canal and railroad and auxiliary works.

20
Article XI

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The United States agrees that the official dispatches of the Government of the Republic
of Panama shall be transmitted over any telegraph and telephone lines established for
canal purposes and used for public and private business at rates not higher than those
required from officials in the service of the United States.

21
Article XII

The Government of the Republic of Panama shall permit the immigration and free
access to the lands and workshops of the Canal and its auxiliary works of all employees
and workmen of whatever nationality under contract to work upon or seeking
employment upon or in any wise connected with the said Canal and its auxiliary works,
with their respective families, and all such persons shall be free and exempt from the
military service of the Republic of Panama.

22
Article XIII

The United States may import at any time into the said zone and auxiliary lands, free of
custom duties, imposts, taxes, or other charges, and without any restrictions, any and all
vessels, dredges, engines, cars, machinery, tools, explosives, materials, supplies, and
other articles necessary and convenient in the construction, maintenance, operation,
sanitation and protection of the Canal and auxiliary works, and all provisions, medicines,
clothing, supplies, and other things necessary and convenient for the officers, employees,
workmen and laborers in the service and employ of the United States and for their
families. If any such articles are disposed of for use outside of the zone and auxiliary
lands granted to the United States and within the territory of the Republic, they shall be
subject to the same import or other duties as like articles imported under the laws of the
Republic of Panama.

23
Article XIV

As the price or compensation for the rights, powers and privileges granted in this
convention by the Republic of Panama to the United States, the Government of the
United States agrees to pay to the Republic of Panama the sum of ten million dollars
($10,000,000) in gold coin of the United States on the exchange of the ratification of this
convention and also an annual payment during the life of this convention of two hundred
and fifty thousand dollars ($250,000) in like gold coin, beginning nine years after the
date aforesaid.
24
The provisions of this Article shall be in addition to all other benefits assured to the
Republic of Panama under this convention.
25
But no delay or difference of opinion under this Article or any other provisions of this
treaty shall affect or interrupt the full operation and effect of this convention in all other
respects.

26
Article XV

The joint commission referred to in Article VI shall be established as follows:


27
The President of the United States shall nominate two persons and the President of the
Republic of Panama shall nominate two persons and they shall proceed to a decision; but
in case of disagreement of the Commission (by reason of their being equally divided in
conclusion), an umpire shall be appointed by the two Governments who shall render the
decision. In the event of the death, absence, or incapacity of a Commissioner or Umpire,
or of his omitting, declining or ceasing to act, his place shall be filled by the appointment
of another person in the manner above indicated. All decisions by a majority of the
Commission or by the umpire shall be final.

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28
Article XVI

The two Governments shall make adequate provision by future agreement for the
pursuit, capture, imprisonment, detention and delivery within said zone and auxiliary
lands to the authorities of the Republic of Panama of persons charged with the
commitment of crimes, felonies, or misdemeanors without said zone and for the pursuit,
capture, imprisonment, detention and delivery without said zone to the authorities of the
United States of persons charged with the commitment of crimes, felonies and
misdemeanors within said zone and auxiliary lands.

29
Article XVII

The Republic of Panama grants to the United States the use of all the ports of the
Republic open to commerce as places of refuge for any vessels employed in the Canal
enterprise, and for all vessels passing or bound to pass through the Canal which may be
in distress and be driven to seek refuge in said ports. Such vessels shall be exempt from
anchorage and tonnage dues on the part of the Republic of Panama.

30
Article XVIII

The Canal, when constructed, and the entrances thereto shall be neutral in perpetuity,
and shall be opened upon the terms provided for by Section I of Article three of, and in
conformity with all the stipulations of, the treaty entered into by the Governments of the
United States and Great Britain on November 18, 1901.

31
Article XIX

The Government of the Republic of Panama shall have the right to transport over the
Canal, its vessels and its troops and munitions of war in such vessels at all times without
paying charges of any kind. The exemption is to be extended to the auxiliary railway for
the transportation of persons in the service of the Republic of Panama, or of the police
force charged with the preservation of public order outside of said zone, as well as to
their baggage, munitions of war and supplies.

32
Article XX

If by virtue of any existing treaty in relation to the territory of the Isthmus of Panama,
whereof the obligations shall descend or be assumed by the Republic of Panama, there
may be any privilege or concession in favor of the Government or the citizens and
subjects of a third power relative to an interoceanic means of communication which in
any of its terms may be incompatible with the terms of the present convention, the
Republic of Panama agrees to cancel or modify such treaty in due form, for which
purpose it shall give to the said third power the requisite notification within the term of
four months from the date of the present convention, and in case the existing treaty
contains no clause permitting its modifications or annulment, the Republic of Panama
agrees to procure its modification or annulment in such form that there shall not exist any
conflict with the stipulations of the present convention.

33
Article XXI

The rights and privileges granted by the Republic of Panama to the United States in the
preceding Articles are understood to be free of all anterior debts, liens, trusts, or
liabilities, or concessions or privileges to other Governments, corporations, syndicates or
individuals, and consequently, if there should arise any claims on account of the present

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concessions and privileges or otherwise, the claimants shall resort to the Government of
the Republic of Panama, and no to the United States for any indemnity or compromise
which may be required.

34
Article XXII

The Republic of Panama renounces and grants to the United States, the participation to
which it might be entitled in the future earnings of the Canal under Article XV of the
concessionary contract with Lucien N. B. Wyse, now owned by the New Panama Canal
Company and any all other rights or claims of a pecuniary nature arising under or
relating to said concession, or arising under or relating to the concessions to the Panama
Railroad Company or any extension or modification thereof; and it likewise renounces,
confirms and grants to the United States, now and hereafter, all the rights and property
reserved in the said concessions which otherwise would belong to Panama at or before
the expiration of the terms of ninety-nine years of the concessions granted to or held by
the above mentioned party and companies, and all right, title and interest which it now
has or may hereafter have, in and to the lands canal, works, property and rights held by
the said companies under said concessions or otherwise, and acquired or to be acquired
by the United States from or through the New Panama Canal Company, including any
property and rights which might or may in the future either by lapse of time, forfeiture or
otherwise, revert to the Republic of Panama under any contracts or concessions, with
said Wyse, the Universal Panama Canal Company, the Panama Railroad Company and
the New Panama Canal Company.
35
The aforesaid rights and property shall be and are free and released from any present or
reversionary interest in or claims of Panama and the title of the United States thereto
upon consummation of the contemplated purchase by the United States from the New
Panama Canal Company, shall be absolute, so far as concerns the Republic of Panama,
excepting always the rights of the Republic specifically secured under this treaty.

36
Article XXIII

If it should become necessary at any time to employ armed forces for the safety or
protection of the Canal, or of the ships that make use of the same, or the railways and
auxiliary works, the United States shall have the right, at all times and in its discretion, to
use its police and its land and naval forces or to establish fortifications for these
purposes.

37
Article XXIV

No change either in the Government or in the laws and treaties of the Republic of
Panama shall, without the consent of the United States, affect any right of the United
States under the present convention, or under any treaty stipulation between the two
countries that now exists or may hereafter exist touching the subject matter of this
convention.
38
If the Republic of Panama shall hereafter enter as a constituent into any other
Government or into any union or confederation of states, so as to merge her sovereignty
or independence in such Government, union or confederation, the rights of the United
States under this convention shall not be in any respect lessened or impaired.

39
Article XXV

For the better performance of the engagements of this convention and to the end of the
efficient protection of the Canal and the preservation of its neutrality, the Government of
the Republic of Panama will sell or lease to the United States lands adequate and
necessary for the naval or coaling stations on the Pacific coast and on the western

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Caribbean coast of the Republic at certain points to be agreed upon with the President of
the United States.

40
Article XXVI

This convention when signed by the Plenipotentiaries of the Contracting Parties shall be
ratified by the respective Governments and the ratifications shall be exchanged at
Washington at the earliest date possible.
41
If faith whereof the respective Plenipotentiaries have signed the present convention in
duplicate and have hereunto affixed their respective seals.
42
Done at the City of Washington, the 18th day of November in the year of our Lord,
nineteen hundred and three.
John Hay. [seal.]
P. Bunau Varilla. [seal.]
43
And whereas the said Convention has been duly ratified on both parts, and the
ratifications of the two governments were exchanged in the City of Washington, on the
twenty-sixth day of February, one thousand nine hundred and four.
44
Now, therefore, be it known that I, Theodore Roosevelt, President of the United States
of America, have caused the said Convention to be made public, to the end that the same
and every article and clause thereof, may be observed and fulfilled with good faith by the
United States and the citizens thereof.
45
In testimony whereof, I have hereunto set my hand and caused the seal of the United
States of America to be affixed.
46
Done at the City of Washington, this twenty-sixth day of February, in the year of our
Lord one thousand nine hundred and four, and of the Independence of the United States
the one hundred and twenty-eighth. [seal]
Theodore Roosevelt.

By the President:
John Hay,
Secretary of State.

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http://www.bartleby.com/43/47.html 11/9/2010
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------x
Christopher-Earl: Strunk v. PATERSON et al. Index No.: 29642 / 08

VERIFIED FIRST AMENDED COMPLAINT

Exhibit F
In reply refer to:
CNPPTIULE - hContd N m k 200807238

The following ia in mpmueto yaur request to the Dqmtmmt of


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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------x
Christopher-Earl: Strunk v. PATERSON et al. Index No.: 29642 / 08

VERIFIED FIRST AMENDED COMPLAINT

Exhibit G
S2950 CONGRESSIONAL RECORD — SENATE April 10, 2008
to originate student loans or finance Whereas innovative research is progressing Mr. LEAHY. Mr. President, today I
student loan-related activities. This faster and is being conducted more aggres- join Senator CLAIRE MCCASKILL in in-
will provide funds for banks to help sively than ever before, due, in part, to the troducing a resolution to express the
Cystic Fibrosis Foundation’s establishment
provide critically-needed student loans common sense of everyone here that
of a model clinical trials network;
during these difficult economic times. Whereas, although the Cystic Fibrosis Senator MCCAIN is a ‘‘natural born Cit-
The Federal Home Loan Banks are Foundation continues to fund a research izen,’’ as the term is used in the Con-
today an essential source of stable, pipeline for more than 30 potential therapies stitution of the United States. Our
low-cost funds to financial institutions and funds a nationwide network of care cen- Constitution contains three require-
for home mortgage, small business, and ters that extend the length and quality of ments for a person to be eligible to be
rural and agricultural loans. With their life for people with cystic fibrosis, lives con- President—the person must have
members, the Federal Home Loan tinue to be lost to this disease every day; reached the age of 35; must have re-
Whereas education of the public about cys- sided in America for 14 years; and must
Banks represent one of the largest
tic fibrosis, including the symptoms of the
sources of home mortgage and commu- be a ‘‘natural born Citizen’’ of the
disease, increases knowledge and under-
nity credit. There are twelve Federal standing of cystic fibrosis and promotes United States. Certainly there is no
Home Loan Banks, including one in early diagnosis; and doubt that Senator MCCAIN is of suffi-
Boston, each located in different re- Whereas the Cystic Fibrosis Foundation cient years on this earth and in this
gions of the country. Their cooperative will conduct activities to honor National country given that he has been serving
structure is ideal for serving the sys- Cystic Fibrosis Awareness Month in May in Washington for over 25 years. How-
tem’s 8,100 member lenders. 2008: Now, therefore, be it ever, some pundits have raised the
Resolved, That the Senate— question of whether he is a ‘‘natural
Today, the Federal Home Loan
(1) honors the goals and ideals of National born Citizen’’ because he was born out-
Banks provide billions of dollars of pri- Cystic Fibrosis Awareness Month;
mary liquidity to approximately 80 per- side of the official borders of the
(2) supports the promotion of further pub-
cent of the Nation’s financial institu- lic awareness and understanding of cystic fi- United States.
tions. By providing this additional stu- brosis; JOHN SIDNEY MCCAIN, III, was born to
dent loan authorization to its mem- (3) encourages early diagnosis and access American citizens on an American
bers, member institutions will be able to quality care for people with cystic fibrosis Naval base in the Panama Canal Zone
to remain active in the student loan to improve the quality of their lives; and in 1936. Numerous legal scholars have
marketplace and help students pay for (4) supports research to find a cure for cys- looked into the purpose and intent of
tic fibrosis by fostering an enhanced re- the ‘‘natural born Citizen’’ require-
their education. search program through a strong Federal
This legislation is absolutely vital to ment. As far as I am aware, no one has
commitment and expanded public-private unearthed any reason to think that the
securing the opportunity of higher edu- partnerships.
cation for all who choose to pursue it. Framers would have wanted to limit
f the rights of children born to military
f families stationed abroad or that such
SENATE RESOLUTION 511—RECOG-
SUBMITTED RESOLUTIONS a limited view would serve any noble
NIZING THAT JOHN SIDNEY
purpose enshrined in our founding doc-
MCCAIN III, IS A NATURAL BORN
ument. Based on the understanding of
CITIZEN
SENATE RESOLUTION 510—SUP- the pertinent sources of constitutional
PORTING THE GOALS AND Mrs. MCCASKILL (for herself, Mr. meaning, it is widely believed that if
IDEALS OF NATIONAL CYSTIC FI- LEAHY, Mr. OBAMA, Mr. COBURN, Mrs. someone is born to American citizens
BROSIS AWARENESS MONTH CLINTON, and Mr. WEBB) submitted the anywhere in the world they are natural
following resolution; which was re- born citizens.
Mrs. MURRAY (for herself and Mr. ferred to the Committee on the Judici- It is interesting to note that another
INHOFE) submitted the following reso- ary: previous presidential candidate, George
lution; which was referred to the Com- S. RES. 511 Romney, was also born outside of the
mittee on Health, Education, Labor, United States. He was widely under-
Whereas the Constitution of the United
and Pensions: stood to be eligible to be President.
States requires that, to be eligible for the Of-
S. RES. 510 fice of the President, a person must be a Senator Barry Goldwater was born in a
Whereas cystic fibrosis is one of the most ‘‘natural born Citizen’’ of the United States; U.S. territory that later became the
common life-threatening genetic diseases in Whereas the term ‘‘natural born Citizen’’, State of Arizona so some even ques-
the United States and one for which there is as that term appears in Article II, Section 1, tioned his eligibility. Certainly the
no known cure; is not defined in the Constitution of the
millions of Americans who voted for
Whereas the average life expectancy of an United States;
individual with cystic fibrosis is 37 years, an Whereas there is no evidence of the inten- these two Republican candidates be-
improvement from a life expectancy in the tion of the Framers or any Congress to limit lieved that they were eligible to as-
1960s where children did not live long enough the constitutional rights of children born to sume the office of the President. The
to attend elementary school, but still unac- Americans serving in the military nor to same is true today.
ceptably short; prevent those children from serving as their Because he was born to American
Whereas approximately 30,000 people in the country’s President; citizens, there is no doubt in my mind
United States have cystic fibrosis, more than Whereas such limitations would be incon- that Senator MCCAIN is a natural born
half of them children; sistent with the purpose and intent of the citizen. I recently asked Secretary of
Whereas 1 of every 3,500 babies born in the ‘‘natural born Citizen’’ clause of the Con-
United States is born with cystic fibrosis; stitution of the United States, as evidenced
Homeland Security Michael Chertoff, a
Whereas more than 10,000,000 Americans by the First Congress’s own statute defining former Federal judge, if he had any
are unknowing, symptom-free carriers of the the term ‘‘natural born Citizen’’; doubts in his mind. He did not.
cystic fibrosis gene; Whereas the well-being of all citizens of I expect that this will be a unani-
Whereas the Centers for Disease Control the United States is preserved and enhanced mous resolution of the Senate and I
and Prevention recommend that all States by the men and women who are assigned to thank the Senator from Missouri for
consider newborn screening for cystic fibro- serve our country outside of our national working with me on this.
sis; borders; I ask unanimous consent that the
Whereas the Cystic Fibrosis Foundation Whereas previous presidential candidates, relevant excerpt from the Judiciary
urges all States to implement newborn were born outside of the United States of
Committee hearing where Secretary
screening for cystic fibrosis to facilitate America and were understood to be eligible
mmaher on PROD1PC76 with CONG-REC-ONLINE

early diagnosis and treatment which im- to be President; and Chertoff testified be made a part of the
proves health and life expectancy; Whereas John Sidney McCain, III, was born RECORD.
Whereas prompt, aggressive treatment of to American citizens on an American mili- EXCERPT OF SECRETARY CHERTOFF TESTIMONY
the symptoms of cystic fibrosis can extend tary base in the Panama Canal Zone in 1936: FROM APRIL 2, 2008
the lives of people who have the disease; Now, therefore, be it Chairman LEAHY. We will come back to
Whereas recent advances in cystic fibrosis Resolved, That John Sidney McCain, III, is that. I would mention one other thing, if I
research have produced promising leads in a ‘‘natural born Citizen’’ under Article II, might, Senator Specter. Let me just ask
gene, protein, and drug therapies beneficial Section 1, of the Constitution of the United this: I believe—and we have had some ques-
to people who have the disease; States. tion in this Committee to have a special law

VerDate Aug 31 2005 04:51 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S10AP8.REC S10AP8
April 10, 2008 CONGRESSIONAL RECORD — SENATE S2951
passed declaring that Senator McCain, who to his family and his Nation will not be for- Internal Revenue Code of 1986 to provide tax
was born in the Panama Canal, that he gotten: Now, therefore, be it incentives for the production of renewable
meets the constitutional requirement to be Resolved, That the Senate— energy and energy conservation.
President. I fully believe he does. I have (1) honors the life, achievements, and con- SA 4524. Mr. NELSON of Nebraska sub-
never had any question in my mind that he tributions of Charlton Heston; and mitted an amendment intended to be pro-
meets our constitutional requirement. You (2) extends its deepest sympathies to the posed by him to the bill S. 2739, to authorize
are a former Federal judge. You are the head family of Charlton Heston for the loss of certain programs and activities in the De-
of the agency that executes Federal immi- such a great and generous man, husband, and partment of the Interior, the Forest Service,
gration law. Do you have any doubt in your father. and the Department of Energy, to implement
mind—I mean, I have none in mine. Do you further the Act approving the Covenant to
f Establish a Commonwealth of the Northern
have any doubt in your mind that he is con-
stitutionally eligible to become President? SENATE CONCURRENT RESOLU- Mariana Islands in Political Union with the
Secretary CHERTOFF. My assumption and United States of America, to amend the
TION 75—EXPRESSING THE
my understanding is that if you are born of Compact of Free Association Amendments
SENSE OF CONGRESS THAT THE Act of 2003, and for other purposes; which
American parents, you are naturally a nat-
SECRETARY OF DEFENSE was ordered to lie on the table.
ural-born American citizen.
Chairman LEAHY. That is mine, too. SHOULD TAKE IMMEDIATE f
Thank you. STEPS TO APPOINT DOCTORS OF
CHIROPRACTIC AS COMMIS- TEXT OF AMENDMENTS
f
SIONED OFFICERS IN THE SA 4523. Mr. DODD (for himself and
SENATE RESOLUTION 512—HON- ARMED FORCES Mr. SHELBY) proposed an amendment
ORING THE LIFE OF CHARLTON Mr. COLEMAN (for himself and Mr. to the bill H.R. 3221, moving the United
HESTON HARKIN) submitted the following con- States toward greater energy independ-
Mr. DEMINT (for himself, Mr. BAU- current resolution; which was referred ence and security, developing innova-
CUS, Mr. MCCONNELL, Mr. ALLARD, Mr. to the Committee on Armed Services: tive new technologies, reducing carbon
CHAMBLISS, Mr. CORNYN, Mr. CRAIG, Mr. emissions, creating green jobs, protec-
S. CON. RES. 75
ENSIGN, Mr. ENZI, Mr. INHOFE, Mr. NEL- tion consumers, increasing clean re-
Whereas the Secretary of Defense has stat- newable energy production, and mod-
SON of Nebraska, and Mr. WEBB) sub- utory authority under section 3070 of title 10,
ernizing our energy infrastructure, and
mitted the following resolution; which United States Code, to appoint doctors of
chiropractic as commissioned officers in the to amend the Internal Revenue Code of
was referred to the Committee on the
Armed Forces, but has not yet made such ap- 1986 to provide tax incentives for the
Judiciary:
pointments; production of renewable energy and en-
S. RES. 512
Whereas the urgent needs of military per- ergy conservation; as follows:
Whereas the United States has lost a great sonnel in the field of operations include ac- Amend the title so as to read:
patriot with the passing of Charlton Heston; cess to the widest possible range of health To provide needed housing reform and for
Whereas Charlton Heston first became be- care options, especially in the area of care of other purposes.
loved by the Nation as a great actor and por- the spine and related structures of the body;
trayed many heroic figures, including Moses, Whereas providing military personnel in SA 4524. Mr. NELSON of Nebraska
Michelangelo, Andrew Jackson, John the the field of operations with access to chiro- submitted an amendment intended to
Baptist, Mark Antony, and El Cid in epic practic care will increase the cost effective- be proposed by him to the bill S. 2739,
movies of the 1950s and 1960s, and won the ness of military health care expenditures by
1959 Best Actor Academy Award (Oscar) for
to authorize certain programs and ac-
taking advantage of the conservative, tivities in the Department of the Inte-
playing the title character in ‘‘Ben-Hur’’; drugless, and non-surgical care option of-
Whereas Charlton Heston was a leader in fered by chiropractic care;
rior, the Forest Service, and the De-
many areas of life outside of acting, includ- Whereas back injuries are the leading partment of Energy, to implement fur-
ing serving as president of the Screen Actors cause of lost service time and disability in ther the Act approving the Covenant to
Guild, which he helped to integrate with the Armed Forces; Establish a Commonwealth of the
Ronald Reagan, and as chairman of the Whereas military personnel in the field of Northern Mariana Islands in Political
American Film Institute; operations or on shipboard can access chiro- Union with the United States of Amer-
Whereas Charlton Heston was an active practic care only through commissioned
supporter of the civil rights movement, in-
ica, to amend the Compact of Free As-
chiropractic officers; sociation Amendments Act of 2003, and
cluding protesting the showing of his film at Whereas access to chiropractic care
a segregated movie theater in Oklahoma through commissioned chiropractic officers
for other purposes.; which was ordered
City and participating in and leading the will enhance the combat readiness of mili- to lie on the table; as follows:
Arts Group in the 1963 civil rights march on tary personnel by offering a non-pharma- Strike section 335.
Washington; ceutical option for the health care needs of f
Whereas, in the last major public role of such personnel; and
his life, Charlton Heston was president of the Whereas the appointment of doctors of NOTICE OF HEARING
National Rifle Association from June 1998 chiropractic as commissioned offices will COMMITTEE ON ENERGY AND NATURAL
until April 2003; make use of a highly skilled and trained pool RESOURCES
Whereas, as president of the National Rifle of health care professionals and help to meet Mr. BINGAMAN. Mr. President, I
Association, Charlton Heston was a stalwart the growing demand for chiropractic care in
defender of the 2nd Amendment right of citi- would like to announce for the infor-
the Armed Forces: Now, therefore, be it
zens to keep and bear arms and was an active mation of the Senate and the public
Resolved by the Senate (the House of Rep-
and effective promoter of wildlife manage- resentatives concurring), That it is the sense that a hearing has been scheduled be-
ment through hunting; of Congress that the Secretary of Defense fore the Senate Committee on Energy
Whereas in 2003 Charlton Heston was should take immediate steps to establish a and Natural Resources. The hearing
awarded the Presidential Medal of Freedom, career path for doctors of chiropractic to be will be held on Thursday, May 1, 2008,
the Nation’s highest civilian honor; appointed as commissioned officers in all at 9:30 a.m., in room SD–366 of the
Whereas Charlton Heston was born in branches of the Armed Forces for purposes of Dirksen Senate Office Building.
Evanston, Illinois, on October 4, 1923, and his providing chiropractic services to members The purpose of the hearing is to re-
parents moved to St. Helen, Michigan, where of the Armed Forces.
he grew up; ceive testimony on the military build-
Whereas in 1943 Charlton Heston enlisted f up on Guam: impact on the civilian
in the Army Air Forces and served as a community, planning, and response.
AMENDMENTS SUBMITTED AND Because of the limited time available
radio-gunner in the Aleutian Islands of Alas-
PROPOSED for the hearing, witnesses may testify
ka, and in 1947 he was discharged from the
Army; SA 4523. Mr. DODD (for himself and Mr. by invitation only. However, those
Whereas in 1944 Charlton Heston married SHELBY) proposed an amendment to the bill wishing to submit written testimony
the love of his life, Lydia Clarke, to whom he H.R. 3221, moving the United States toward for the hearing record may do so by
smartinez on PRODPC60 with SENATE

had been married 64 years at his death; greater energy independence and security,
sending it to the Committee on Energy
Whereas Charlton and Lydia Heston are developing innovative new technologies, re-
the parents of 2 children, Fraser Heston and ducing carbon emissions, creating green jobs, and Natural Resources, United States
Holly Heston Rochell; protecting consumers, increasing clean re- Senate, Washington, D.C. 20510–6150, or
Whereas Charlton Heston passed away on newable energy production, and modernizing by e-mail to Rosemarie
April 5, 2008, and the contributions he made our energy infrastructure, and to amend the Calabro@energy.senate.gov.

VerDate Aug 31 2005 04:52 Apr 11, 2008 Jkt 069060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A10AP6.087 S10APPT1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------x
Christopher-Earl: Strunk v. PATERSON et al. Index No.: 29642 / 08

VERIFIED FIRST AMENDED COMPLAINT

Exhibit H
III

110TH CONGRESS
2D SESSION
S. RES. 511
Recognizing that John Sidney McCain, III, is a natural born citizen.

IN THE SENATE OF THE UNITED STATES


APRIL 10, 2008
Mrs. MCCASKILL (for herself, Mr. LEAHY, Mr. OBAMA, Mr. COBURN, Mrs.
CLINTON, and Mr. WEBB) submitted the following resolution; which was
referred to the Committee on the Judiciary

APRIL 24, 2008


Reported by Mr. LEAHY, without amendment

APRIL 30, 2008


Considered and agreed to

RESOLUTION
Recognizing that John Sidney McCain, III, is a natural
born citizen.

Whereas the Constitution of the United States requires that,


to be eligible for the Office of the President, a person
must be a ‘‘natural born Citizen’’ of the United States;
Whereas the term ‘‘natural born Citizen’’, as that term ap-
pears in Article II, Section 1, is not defined in the Con-
stitution of the United States;
Whereas there is no evidence of the intention of the Framers
or any Congress to limit the constitutional rights of chil-
erowe on PRODPC61 with BILLS

dren born to Americans serving in the military nor to

VerDate Aug 31 2005 01:30 May 01, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR511.ATS SR511
2
prevent those children from serving as their country’s
President;
Whereas such limitations would be inconsistent with the pur-
pose and intent of the ‘‘natural born Citizen’’ clause of
the Constitution of the United States, as evidenced by
the First Congress’s own statute defining the term ‘‘nat-
ural born Citizen’’;
Whereas the well-being of all citizens of the United States is
preserved and enhanced by the men and women who are
assigned to serve our country outside of our national bor-
ders;
Whereas previous presidential candidates were born outside
of the United States of America and were understood to
be eligible to be President; and
Whereas John Sidney McCain, III, was born to American
citizens on an American military base in the Panama
Canal Zone in 1936: Now, therefore, be it
1 Resolved, That John Sidney McCain, III, is a ‘‘nat-
2 ural born Citizen’’ under Article II, Section 1, of the Con-
3 stitution of the United States.
Æ
erowe on PRODPC61 with BILLS

SRES 511 ATS

VerDate Aug 31 2005 01:30 May 01, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\SR511.ATS SR511
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
---------------------------------------------------------------x
Christopher-Earl: Strunk v. PATERSON et al. Index No.: 29642 / 08

VERIFIED FIRST AMENDED COMPLAINT

Exhibit I
I
CANDIDATE NOMINATION PAPER

You are hereby notified that I,


(A.R.S.

%rack
5 16-/!42)
9
2001 1fE t 3 Pb! 3: 0 1

FOR OFFICE USE ONLY

am seeking nomination as a candidate for the offid of President of the United States from the
Democratic Pbrty, at the Presidential Preference Election
to be held on the 5th day of February 2008.

I am a natural born citlzen of the United ~ts/tes,am at least thirty-five years of age, and
have been a resident within the United States for at least fourteen years.

5046 South . 60615


Greenwood Avenue, ~ h i o d ~ oIL
CandMate's actual residence address or description of p+ of residence (city or town) (zip)

Obama for America, 233 North ~ i c h j ~ Avenue.


a n 11th Floor, Chicag
, 8666i9
Candidate's Post Office Address I (city or town) (zip)
I

Candidate's Arizona committee information: 1


Chairman's
Name Don Bivens 1
2910 N o r t h central1 Avenue, P h o e n i x AZ 85012
Address
(number and street) (city or town) (zip)

Telephone 602-298-4200 I
I
RECEIVED
SECRETARY OF STATE

I
a registered voter in the stete in which Iresi8@7DEC 13 32 0 I

Q~am 1 a member of the politiql party from which I am running as a

I am not ) candidate for the ofice bf President of the United States.

I do solemnly swear (or affirm) that all the information in this Nomination Paper is true, that
as to these and all other qualifications, 1 am qualifieq to hold the office that I seek,having fulfilled
the United States constitutional requirements for holding said office. I further swear (or affirm) that
I have fulfilled Arizona's statutory requirement for pldcing my name on its
Election ballot.
i

Subscnied AND SWORN to (or affirmed) before me this I Q o \ I C ? W & ~ ~ ? 20 -


PJ

My Co+tmissionExpires: "3 - 31 - 2 0 10

File with:

Arizona Secretary of State


Election Services Division
1700 West Washington Street, Floor
Phoenix, A t b n a 85007

Dffice Revision 8/21/2007


The foregoing document; Is a camgeteI true and come2
copy of ttre cbcument FPed with Secretary of Sate.

Ken Bennett, Arizona Secretary of State

Date Y- 17.b 9

Exhibit I
stwe c2&eI: 17MIw Br*uf- stme4 7d'P b r
-Ix,A;Z m-ms
5ek:ppfKwe ~~w128W Fax 542-6172
STATEOF AREOM

PRESIDEWMPREFEREWE ELEWEON
CANDIDATE NOMUMTlOlUPAPER
w.-. s1- ,-

You art, Rcg;bed &at I, J*? main


a m s s e l d n g ~ ~ a ~ k w t h e o R i a , d R e s i d e n t o f ~ h e ~ f a m ~
Re~ubzican ~,atfhepm&kYwP~EIectbn
tobehek)m~Jth~d~2aOs.

Exhibit I
@lam )
a registered voter in the state in which Irestde.
a I am not )

@lam ) a member of the political party from which Iam running as a

U I am not ) candidate for the offce of PPesident of the United States.

I do solemnly swear (or affirm) that all the information in this Nomination Paper is true, that
as to these and all other qualifications, I am qualified to hold the of& that I seek,havipg fulfilled
the United States constitutional requirements for holding said office. I further swear (or affirm)
that I have fulfilled Arizona's statutory requirement for placing my name on its Presidential
Preference Election ballot.

Sukoribed AND SWORN to (or affirmed) before ms this =day of

My Oommission Expires:
-
(Seal)

File with:

Arizona Secretary of State


Election Services Division
17W WestWashington Strwt, 7'' lo or
Phoenix, Arizona 85007
Strunk v. Paterson e t al. NYS Supreme Court County of Kings 29642-08

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF KINGS Index No.:29642 1 08

Christopher-Earl:Strunk, in esse
Plaintiff,

DAVID A. PATERSON, ANDREW CUOMO, THOMAS P.


DINAPOLI, in their official capacity and individually;
THE DEMOCRAT CANDIDATE PRESIDENTIAL ELECTORS
AS A CLASS, in their official capacity and individually;
SOEBARKAH (a.k.a. Barry Soetoro, a.k.a. Barack Hussein Obama)
Individually; OBAMA FORAMERTCA;O B M WCTORY
FiWVQ NANCY PELOSI individually; DEMOCRATIC STATE
COMMI'ITEE OF THE STATE OF NEW YORK;
STATE COMMITTEE OF THE WORKING FAMILIES PARTY
OF NEW YORK STATE; JOHN SIDNEY MCCAIN 111, individually;
MCCAIN CICTORYZa MCCATN-PAWNMCTORY2008;
JOHN A. BOEHNER, individually; THE NEW YORK STATE
REPUBLICAN STATE COMMIITEE; THE NEW YORK STATE
COMMITTEE OF THE INDEPENDENCE PARTY; STATE
COMMITTEE OF THE CONSERVATIVE PARTY OF NEW
YORK STATE; R ~ G E RCALERO, individually; THE SOCIALIST
WORKERS PARTY;XlZ JOliWFI%M)RAtSINGCOMMTmE&
NEW YORK STATE BOARD OF ELECTIONS; MEW YORK
STATE BOARD OF ELECTIONS, JAMES A. WAZlSH / Co-Chair,
DOUGLAS A. KELLNER 1 Co-Chair, EVELYN J. AQUILA /
Commissioner, GREGORY P. PETERSON / Commissioner,
Deputy Director TODD D. VAI3NTINE, Deputy Director
STANLEY ZALEN, LORRAINE A. CORTEZ-VAZQUEZ,
Secretary of the State of New York, individually; ZBIGNIEW'
KAIMIERZ BRZEZWSKI, John and Jane Does; and X m Entities.
Defendants.

SUMMONS with VERIFIED FIRST AMENDED COMPLAINT


with EXHIBIT A through I.

Dated: Brooklyn, New Y d


November ? ,2010

Christopher-Earl: Strunk,in esse plaintiff


593 Vanderbilt Avenue #281,
Brooklyn, New York 11238.
(845) 901-6767 E-mail: chri@,strunk.ws
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

Christopher Ead Stnmk, Index No.: 29642 / 08


Plaintiff,
AFmDAvrr OF SERVICE
-against-
David A. Paterscm et al.
Defendants.

STATE OF NEW YORK )


) ss.
COUNTY OF KINGS )I I

Accordingly, m rd 1&/ft8&frbeing
d~ duly sworn, depose and say under penalty of

a. Am over 18years of age and not a party to this action.


b. My place of business is located at 593 Vanderbilt Avenue Brooklyn New York 11238.
c. On November 12,2010 ,Christopher Strunk gave me two copies each of the NOTICE OF
MOTION, AJWIDAVIT m SUPPORT OF THE MOTION FOR PERMISSION TO FILE
A FIRST AMENDED COMPLAINT aflkmed 11111/10, a copy of the AMENDED
SUMMONS with VERIFIED FLRST AMENDED COMPLAINT with EXHIBIT A
through I with Verification Affidavit affirmed oil 1/10,and with a blank Affidavit of
Service form for service by the United States Postal Service.
d. On November 12,2010,I placed a complete set into a propedy addressed envelope with
proper postage and deposited each with the USPS for mail delivery upon:

STATE OF NEW YORK


OFFICE OF THE ATI'ORNEY GENERAL Kimberly A. Galvin, Esq.
ANDREW M. CUOMO New York State Board of Elections
BY: JOEL GRABER, ESQ. 40 Steuben St.
Assistant Attorney General Albany ,NY , 12207
120 BROADWAY -
NEW Y O W New York 10271
-

Sworn to before me
This &
, day of November 2010

EDDIE HAMPTON~R.
Notary Public, State of New York
NO.01HA6044027
Qualified in Kings County
Commission Expires June 26,2019
Print Page 1 of 1

From: chris@strunk.ws ( c h ~ s b u n k . w s ) I- -
To: joel.graber@oag.state.ny.us; kgalvin@elections.state.ny.us;
Date: Thy November 11,2010 11:42:57 PM
Cc: cestrunck@yahoo.com;
Subject: Notice of Motion for leave to file the First Amended Complaint NYS Kings 29642-08

The hard copy is being mailed Friday Morning. This is a courtesy PDF copy. The submission is going
to motion parts by noon tomorrow.

PLEASE TAKE NOTICE that upon the annexed affidavit of Christopher-Earl : Strunk in esse, affirmed
November 11,2010 with exhibit annexed, will move for leave to file and serve the Amended Summons
and Verified First Amended Complaint before the Honorable David I. Schmidt at the Part 47 Courtroom

in the Courthouse st 360 Adams Street Brooklyn New York 10007, on 30& day of November 2010, at
9:30 O'clock before Noon or at a time designated by the court or as soon thereafter as counsel can be

heard.

Dated: November -11th ,2010


Brooklyn New York

593 ~anderbiltAvenue #281


Brooklyn, New York 11238
Email: chris@strunk.ws Ph. 845-901-6767

STATE OF NEW YORK


OFFICE OF THEATTORNEY GENERAL
ANJIREW M. CUOMO
BY: JOEL GRABER, ESQ.
Assistant Attorney General
120 BROADWAY -
NEW YORK, New York 10271

Kimberly A. Galvin, Esq.


New York State.Board of Elections
40 Steuben St.
Albany ,NY , 12207
Strunk v. Paterson et al, NYS Supreme Court County of Kings 29642-08

SUPREME COURT OF THE STATE OF NEW YORK


COUNTY OF KINGS Index No.: 29642 I 0 8
--- - -- ------- - - - - - - - -- - - - -

Christopher Earl Strunk,

Plaintiff,

David A. Paterson (NYS Governor), Andrew,Cuomo


(NYSAttorney General), Thomas P. DiNapoli
(NYS Comptroller), Sheldon Silver (NYS Speaker of
the Assembly), Mdcom Smith (NYS Senator),
Hakew J e f i e s (NYS Assemblyman for the 57' AD),
Christine Quinn (NYC Speaker of the Council),
William Thompson (NYC Comptroller),
Jim Tedisco (NYS Assemblyman), Dean Skelos
(President pro tempore of the NYS Senate) in their
Official Capacities and individually, the Democrat
Candidate Presidential Electors as a class, in their official
Capacity and individually; The New York State Board
of Elections and John Does and Jane Does
Defendants.

NOTICE OF MOTION

AFF'IDAVIT IN SUPPORT OF THE MOTION FOR PERMISSION TO FILE A

FIRST AMENDED COMPLAINT


Copy of the AMENDED SUMMONS with

VERIFIED FIRST AMENDED COMPLAINT with EXHIBIT A through I.

Dated: Brooklyn, New York


~ovemberlf a 2010 &w-
I-

Christopher-Earl: Strunk,in esse plaintiff


693 Vanderbilt Avenue #281,
Brooklyn, New York 11238.
(845) 901-6767 E-mail: chris@strunk.ws

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