Attorney Mario Apuzzo: Vermont Court Errs in Dismissing Presidential Ballot Challenge

Judge Robert R. Bent, Presiding Judge of the Vermont Superior Court, on November 14, 2012 dismissed the candidate Barack Obama Vermont ballot challenge of Paige v. Obama, Docket No. 611-8-12. He ruled that H. Brooke Paige does not have standing to bring the action, the court does not have jurisdiction, and his argument on the meaning of a “natural born Citizen” has no merit. The decision can be read at http://www.scribd.com/doc/113533939/VT-Paige-v-Obama-Et-Al-DeCISION-Vt-Super-Ct-Nov-2012 .

Mr. Paige filed his ballot challenge against both candidate Barack Obama and the Vermont Secretary of State, arguing that Obama should not be allowed on any presidential election ballot in Vermont because, being born to a U.S. “citizen” mother, but not also to a U.S. “citizen” father, he is not an Article II “natural born Citizen.”

As to standing, Judge Bent ruled that Vermont has adopted the federal rule on standing which requires a litigant to satisfy both the requirements of Article III and its related prudential component. He explained that standing requires a litigant to show injury in fact, causation, and redressability. He concluded that Paige has not shown injury in fact. But Barack Obama has again won the general election. He now stands to win the Electoral College vote. Paige has adequately shown that his life, liberty, and property can be particularly injured by having to live under the authority and power of a person who may occupy the Office of President and Commander in Chief of the Military who may not be constitutionally eligible to be there in the first place for not being a “natural born Citizen.” Mr. Paige has adequately shown that the Founders and Framers required future presidents to be “natural born Citizens” to protect and preserve the nation. Hence, the clause is a national security measure designed to assure the safety of the nation. Needless to say, the “natural born Citizen” clause is intended to protect and preserve Mr. Paige and to provide for his safety and well-being. That the clause protects all Americans is no reason to deny Mr. Paige its protection in a legal action in which he seeks to have the courts enforce the clause.

Judge Bent did recognize that Vermont also has two statutes, 17 V.S.A. Sec. 2603(a)(3), which allows any legal voter to challenge an election after it occurs. He conceded that on its face, the statute does not limit itself to any particular election issue as the subject of an election contest. He also cited Sec. 2617 which provides: “In all cases for which no other provision has been made, the superior court shall have general jurisdiction to hear and determine matters relating to elections and to fashion appropriate relief.” But he distinguished these statutes and concluded that they only apply to activities occurring during the conduct of the election itself which could change the result of the election and not to presidential eligibility. But the statutes say no such thing and Judge Bent has written words into these statutes which the Vermont legislature did not write. Additionally, whether a candidate is eligible for the office he or he seeks does affect the conduct of the election and could surely change the result of the election. What could be more fundamental to the conduct of an election for any given office than whether a candidate is constitutionally eligible for the office he or she seeks? So, the legislature has specifically passed these two statutes which allow a voter such as Mr. Paige to challenge in the Vermont Superior Court a presidential candidate’s eligibility to be placed on the Vermont presidential election ballot and election to that office through the general election and the Electoral College.

Judge Bent also concluded that these Vermont statutes are no reason for the court to find that Paige has satisfied the requirement of prudential standing, which requires that a plaintiff’s claim is included in “the zone of interest protected by the law invoked.” He found that these statutes do not expressly allow a challenge by Mr. Paige to presidential eligibility and that to allow such a challenge in state court would produce “wholesale chaos and lingering uncertainty to presidential elections.” But such speculation is no reason to deny jurisdiction and to deny Mr. Paige a judicial forum for him to protect his constitutional rights. Our nation’s courts are more than capable to handle and coordinate complex legal matters. That the issue involves presidential eligibility is hardly a reason to conclude that our state courts cannot handle the matter. Moreover, given that the contested issue involves the presidential election, any state court decision on presidential eligibility would be fast tracked to the U.S. Supreme Court which would decide the matter for all the states. Hence, while the Vermont legislature has decided to confer standing upon Mr. Paige to bring his challenge to Obama in the Vermont state courts, Judge Bent has denied him that right.

CONTINUED HERE: http://puzo1.blogspot.com/2012/11/the-vermont-court-errs-in-dismissing.html

2006: Obama In Kenya: I Am So Proud To Come Back Home – VIDEO HERE.

2007: Michelle Obama Declares Obama Is Kenyan And America Is Mean – VIDEO HERE.

2008: Michelle Obama Declares Barack Obama’s Home Country Is Kenya – VIDEO HERE.

FLASHBACK: Obama Is The Original Birther! Obama In 1991 Stated In His Own Bio He Was Born In Kenya. DETAILS HERE.

WATCH SHERIFF OBAMA INVESTIGATION PRESS CONFERENCE HERE: CLICK HERE.