OFFICE OF STATE ADMINISTRATIVE BEARINGS STATE OF GEORGIA

CARL SWENSSON,

v.
BARACK OaAMA ,

OFFICE OF STATE ADMINISTRATIVE BEARINGS

ItEVIN RICHARD POWELL ,

Plaintiff

v.
BARACK OSAKA ,

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STATE OF GEORGIA

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D.fendant

DOCIa!T NO .:

1216218-60-MALIBI

DOCIa!T NO .:

1216823- 60-MALIBI

Defendant

Plaintiffs Carl Swensson and Kevin Richard Powell each filed

qualifications of Defendant Barack Obama to appear on the voting

ballot in Georgia as a candidate for the Presidency of the United

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States .

not meet the "natural born Citizen" requirement of Article II,

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with the Georgia Secretary of State a challenge to the

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PLAINTIFFS' PROPOSED FINDINGS OF FACT AND CONCLUSIQNS OF LAN

Plaintiffs ' challenges contend that Defendant Obama does

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Plaintiff

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OSAB-SECSTlU'E-CEOSAB-SECSTATE-CE-

Section I , Clause 5 of the United States Constitution regarding eligibility for the presidency.

Pursuant to Georgia law , the Office of the Secretary of State referred Plaintiffs '

challenges to this Court for hearings .

Pursuant to motion of both Plaintiffs , the cases of Plaintiffs Swensson and Powell were consolidated for hearing and decision . Pursuant to proper notice to all parties , the Court conducted a hearing on January 26 , 2012 .

at trial and submitted into the record , through counsel , eviden ce and testimony pertaining to the issues herein . Defendant Obama

and his attorney , however , did not appear for trial and failed to submit any evidence or testimony whatsoever .

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motion of counsel for Plaintiffs , the record wa s closed at the conclusion of trial .

The Court now makes the following Findings of Fact and Conclusions of Law in these matters :

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1.

Plaintiff Carl Swensson is a natural person residing in He is a registered voter in the State

of Georgia , and he is an elector eligible to vote for candidates for the Presidency of the United States , including presidential

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candidate Barack Obama , the Defendant herein. 2. Pursuant to O. C .G.A. 21 - 2 -5 (b), Plaintiff Swensson

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timely filed with the Georgia Secretary of State a written

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Clayton County, Georgia .

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FINDINGS OF FACT

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Plaintiffs were present

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Pursuant to the

challenge to the qualifications of Defendant Obama to seek and hold the Office of the Presidency of the United States .

Plaintiff Swensson contends that Defendant Obama does not meet

the "natural born Citizen" eligibility requirement of Article II , Section I, Clause S of the United States Constitution . 3. Plaintiff Kevin Richard Powell is a natural person He is a registered voter

residing in Gwinnett County , Georgia.

in the State of Georgia , and he is an elector eligible to vote for candidates for the Presidency of the United States, including presidential candidate Barack Obama, the Defendant herein . 4. Pursuant to O. C . G. A. 21-2 - 5{b) , Plaintiff Powell

timely filed with the Georgia Secretary of State a written challenge to the qualifications of Defendant Obama to seek and hold the Office of the Presidency of the United States . Plaintiff Powell cont ends that Defendant Obama does not meet the "natural born Citizen" eligibility requirement of Article II, Section I , Clause 5 of the United States Constitution . S. Obama
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Defendant Barack Hussein Obama I I

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Executive Committee of the Democratic Party of Georgia seeking to be listed on the Georgia Democratic Presidential Preference

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Primary Ballot.

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on or before October 31, 2011 , submitted a letter to the

Consequently , on November 1 , 2011 , Georgia

Democratic Party Chairman Mike Berl on submitted , pursuant to

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O.C .G.A . 21 - 2 - 193 , the name of Defendant Obama to the Georgia

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(hereinafter "Barack

Secretary of State ' s Office as a candidate to be listed on the Georgia Democratic Presidential Preference Primary Ballot . 6.

Defendant Barack Obama was born on August 4 , 1961.

Defendant ' s natural and legal mother was Stanley Ann D. Ohama ,
and Defendant's natural and legal father was Barack Hussein

Obama .
7.

Defendant ' s aforesaid father , Barack Hussein Obama , was

born in Kenya and was a subject of Great Britain.

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Defendant ' s aforesaid father , Barack Hussein Obama , was not a

citizen of the United States as of the date of birth of Defendant

8.

Despite being timely served with a Notice to Produce by

Plaintiffs' counsel requiring Defendant to personally appear for trial and to bring with him certain documents for use as evidence by Plaintiffs at trial , Defendant Obama failed to appear for the trial of these matters on January 26 , 2012 . Likewise, No

Defendant ' s attorney also failed to appear for trial .

evidence or testimony was introduced into the record by or on

at the conclusion of the January 26 , 2012 trial. 9. The failure of Defendant Obama and defense counsel to

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appear for trial on January 26 , 2012 was knowing and intentional , as demonstrated by Plaintiffs' Exhibit 12 , a January 25 , 2012

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behalf of Defendant Obama at trial .

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Ohama in 1961 or at any other time whatsoever.

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The Court closed the record

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Moreover ,

letter written by defense counsel to Georgia Secretary of State Brian Kemp.

CONCLUSIONS OF LAW

1.

Defendant Barack Obama, having initiated the submission

of his name as a candidate to be listed on the Georgia Democratic Presidential Preference Primary Ballot, is subject to the jurisdiction of the Georgia Secretary of State and this Court in the above - captioned proceedings for the purpose of determining Defendant's qualifications to seek and hold the public office for which he is offering. 2. O.C . G.A. 21-2-5.

for f ederal ... office wh o is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought . u 3. Article II , Section I , Clause 5 of the United States

Constitution , concerning "[e] ligibility for office of President," provides in pertinent part that "[n}o Person ex c ept a natural

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born Citizen ... shall be eligible to the Office of President .... " 4. The burden of proof rests entirely upon Defendant Obama
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"to affirmatively establish his eligibility for office."

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Haynes v. Wells, 273 Ga . 106 , 108-109 , 538 S . E . 2d 43 0 , 433 (2000) . Plaintiffs are not requ i red "to disprove anything

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Pursuant to O.C.G.A .

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21 - 2 - 5(a) , "[e}very candidate

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-regarding (Defendant Obama ' s] eligibility to run for office .... " Id. 5.

Because Defendant Obama, as well as his attorney ,

testimony whatsoever concerning Defendant ' s eligibility for office , the Cou rt finds that Defendant has failed to carry the burden of proof in affirmatively establishing his eligibility for office , and Plaintiffs ' challenges herein should be sustained on that basis. 6.

Further , inasmuch as OSAH Rule 616-1-2 -. 30 ("Default.

Amended.") provides in pertinent part that "[a) default order may be entered against a party that fails to participate in any stage of a proceeding , " and in view of the deliberate failure of Defendant Obama and defense counsel to appear for trial on January 26 , 2012 , the Court finds Defendant in default on the issue of Defendant ' s qualifications and eligibility for office pursuant to the "natural born Citizen" requirement of Article II, Section I, Clause 5 of the United States Constitution.

should be sustained on the additional, separate , and independent basis of Defendant ' s default.

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Plaintiffs ' challenges herein should be sustained , the Court

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finds that Plaintiffs Swen sson and Powell , through counsel , did

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Consequently , the Court finds that Plaintiffs ' challenges herein

7.

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Notwithstanding the foregoing bases for finding that

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failed to present into the record at trial any evidence or

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introduce into the record evidenc e and testimony pertaining to the merits of the issue of Defendant Obama's eligibility for

office pursuant to the "natural bo rn Citizen" requirement of Article II, Section I, Clause 5 of the United States
Constitution .

Plaintiffs' evidence established that Defendant's

father , Barack Hussein Ohama , was born in Kenya and was a subject of Great Britain . Additionally , Plaintiffs established that

Defendant's aforesaid father , Barack Hussein Obama, was not a

Obama in 1961 or at any other time whatsoever.

8. The United States Supreme Court ' s decision in Minor v .

Happersett , 88 u.s. 162 , 167 , 22 L. Ed . 627, 21 Wall. 162 (1875) ,

is binding authority for the proposition that the Article II phrase "natural born Citizen" refers to a person born in the United States to two (2) parents who were then (at the time of the child ' s birth) themselves United States citizens . 9.

the instant cases , the Court concludes that Defendant Ohama does

the presidency, as Defendant Obama ' s father was not a United States citizen at the time of Defendant's birth . Defendant Obama

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is therefore ineligible for the office he seeks , and the Court

finds that Plaintiffs' challenges herein should be sustained on

their merits , notwithstanding the Court ' s previous conclusions in

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not meet the Article II "natural born Citizen" requirement for

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Applying the aforesaid rule of Minor v. Happersett in

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citizen of the United States as of the date of birth of Defendant

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paragraphs 5 and 6 above that the Plaintiffs are entitled to

judgment based upon the separate issues of burden of proof and default, respectively _

For the foregoing reasons , the Court concludes and hereby reports to the Secretary of State that Plaintiffs ' challenges to the qualifications of Defendant Barack Obama should be sustained and upheld ; that Defendant Barack Obama is not entitled to appear on the primary or general election ballots in the State of

United States ; and that Defendant Barack Obama ' s name should be withheld from the presidential ballot or , if the ballots have been printed, should be stricken from the presidential ballot . This

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Georgia as a candidate for the Office of the President of the

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Michael M. Malihi Administrative Law Judge

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CONCLUSION AND REPORT TO TIlE SECRETARY OF STATE

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CERTIFICATE OF SIRVICg

certify that , pursuant to the Order entered in the above -

captioned matters regarding electronic service , I have this day served the foregoing Plaintiffs ' Proposed Findings of Fact and
Co n clusions of Law upon :

Michael Jablonski michael .j ablonski@coIDcast . net

by email addressed thereto in order to insure proper delivery. This 1st day of February, 2012.

fT he Fo
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HATFIELD & HATFIELD, P.C .

Georgia Bar No.

201 Albany Avenue

P. O. Box 1361

Waycross , Georgia 31502

(912) 283-3820

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ark Hatfi

I , J . Mark Hatfield, Attorney for Plaintiffs , do hereby

ney for

ntiffs 37509