ELIGIBILITY APPEAL SEEKS LEVEL ELECTION PLAYING FIELD


Current standard 'denies redress' when unqualified candidate on ballot


World Net Daily
January 7, 2011

A man who was on the American Independent Party’s presidential ticket in California in 2008 as well as a certified elector for the party have asked a full panel of a federal appeals court to hear their claim that Barack Obama wasn’t qualified to be president, stacking the election unfairly against qualified candidates.
In the case, that a three-judge panel of the 9th U.S. Circuit Court of Appealsrecently determined that election fraud suspected in the campaign essentially became moot when Obama was inaugurated.
The lawsuit was filed on the day of Obama’s inauguration. Obama flubbed the oath of office, and the White House reported he retook it in private later.
The case represents the work of two groups of plaintiffs, one led by lawyer Orly Taitz and the other by attorney Gary Kreep of the United States Justice Foundation.
The petition for a rehearing of the full bench was filed today by Kreep on behalf of his clients. Taitz earlier told WND her plaintiffs will pursue further action but which step would be taken was as yet unclear.
Kreep’s clients are Wiley S. Drake, a candidate for the White House on the American Independent Party ticket in California; and Markham Robinson, a certified California elector for the American Independent Party.
The judges had observed: “These plaintiffs argue that they have standing because, as candidates running against Obama in the 2008 election, they had an interest in having a fair competition. … If Obama entered the presidential race without meeting the requirements for the office, they contend, the candidates did not have a fair opportunity to obtain votes in their favor.”
The opinion from the panel of judges Harry Pregerson, Ray Fisher and Marsha Berzon explained the concept is called “competitive standing,” and they affirmed it as legitimate grounds for concern.

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