Citizen Files Complaint Against NY Board of Elections for Misstating Presidential Birth Requirement

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WHY DO SOME STATES SAY “BORN CITIZEN” WHEN THE U.S. CONSTITUTION SAYS “NATURAL BORN CITIZEN?”

by Sharon Rondeau

New York State was named for James Stuart, the Duke of York, who was designated as the second son of the British king

(Mar. 19, 2011) — A New York State resident recently filed a formal complaint against the New York State Board of Elections regarding its statement of qualifications for a candidate for President of the United States.

From: Creg Maroney
To: jconklin@elections.state.ny.us; rbrehm@elections.state.ny.us; tvalentine@elections.state.ny.us; tbreads@elections.state.ny.us
Cc: george.christian@mail.house.gov; sheriff@co.dutchess.ny.us;
Sent: Fri, February 25, 2011 9:34:24 AM
Subject: NY State Board of Election & John Conklin [[ Time Sensitive ]]

February 25, 2011

To the NY State Board of Elections and NY State Board of Elections Public information director John Conklin,

I have presented my concerns to Mr. Conklin numerous times.  Now it appears that he is deceiving the Public deliberately and intentionally by stating that the qualifications for U.S. President to be “ Born a (c)itizen ” when the correct Constitutional text is ” natural born Citizen ” in Article 2 Section 1 Clause 5 U.S Constitution.

As you may know, the President of the United States is up for election every 4 years.  The next general election for this office will be in November 2012.  The requirements to run for President of the United States are outlined in Article 2, Section 1 of the United States Constitution.  A candidate for this office must be:

1.         A natural born Citizen of the United States ;

2.         At least 35 years old; and

3.         A resident within the United States for at least 14 years.

However the NY State Board of Elections website states ” Born a (c)itizen ” as the qualification to run for the office of U.S. Presidency. As you can see for yourself the Running for Office requirement page from the NY State Board of Elections website. (below)
NYS Board of Elections website:
Running for Office

Editor’s Note: The chart below has been taken from the New York State Elections website.

Requirements to Hold Office

OFFICE CITIZENSHIP AGE RESIDENCY STATUTE
President of the United States Born a citizen 35 years 14 years in country United States Constitution Art. II § 1
United States Senator Citizen 9 years 30 years Resident of state when elected United States Constitution Art. I §3
NYS Governor/ Lt. Governor
Attorney General
Comptroller
Citizen 30 years Resident of state 5 years immediately preceding election New York State Constitution Art. IV § 2 and Art. V § 1
Representative in Congress Citizen 7 years 25 years Resident of state when elected United States Constitution Art. I §2
New York State Senator
New York State Assembly
Citizen 18 years Resident of state for 5 years and resident of district for 12 months immediately preceding election. (In a redistricting year, may be a resident of county for 12 months immediately preceding the election.) New York State Constitution Art. III § 7

Public Officers Law § 3

The following Section 1401 of Title 8 of the United States Code defines “citizens of the United States at birth ”.

Sec. 1401. Nationals and citizens of United States at birth

The following shall be nationals and citizens of the United States at birth:

(a) a person born in the United States , and subject to the jurisdiction thereof;

(b) a person born in the United States to a member of an Indian, Eskimo, Aleutian , or other aboriginal tribe: Provided,

That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person o tribal or other property;

(c) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States ;

(e) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States ;

(g) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 288 of title 22 by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States , or (B) employed by the United States Government or an international organization as defined in section 288 of title 22, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and (h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States .

Section 1401 of Title 8 of the United States Code may also be found here – http://uscode.house.gov/search/criteria.shtml.

My questions and request to the Public servants of The New York State Board of Elections and Public information director John Conklin who also is in charge of the NY State Board of Elections Website are,

Section 1401 of Title 8 of the United States Code defines “citizens of the United States at birth.

1) Are those citizens defined in Section 1401 of Title 8 United States Code eligible for the Ballot and will be placed on the Ballot in New York State to run for The Presidency and Vice President of The United States?

2) Are those citizens defined in Section 1401 of Title 8 United States Code eligible for the candidacy on any Ballot in New York State ” except ” for The Presidential and Vice President?

3) Can a child of two Illegal Aliens that is born in New York State run for the Presidency of the United States and will be placed on the Presidential Ballot in New York State since that child is ” born a (c)itizen “ as written by John Conklin on the NY Board of Elections website?

4) My request is that the NYSBOE change the qualifications for U.S. President on the NYSBOE website to a ” Natural Born Citizen “ as required in Article 2 Section 1 Clause 5 of The U.S. Constitution.

I might run for The Presidency of The United States of America and I need to know if I qualify.

Please stop ignoring my election questions to those in charge of elections in the State of NY.

Please answer my questions in a timely fashion so my Right as a United States Citizen to Run for The Office of United States Presidency will not be denied if I qualify and chose to do so.

Sincerely,

Creg Maroney

Email: Redacted

Cc: Congressman Chris Gibson

New York State Attorney General Eric T. Schneiderman

Complaint filed against New York State Board of Elections Public Information Director John Conklin

A list of New York State elected officials is here.

Mr. Maroney also contacted representatives from the state of Georgia, who recently quashed a bill which, had it passed, would have clearly defined presidential and vice-presidential eligibility requirements for future elections.  His emails were sent prior to the  deadline of Wednesday, March 16, 2011, for passing the measure out of committee and were also sent to Georgia county sheriffs.

The state of Massachusetts sets forth the requirements for president as they appear in the U.S. Constitution.

The website About.com lists the first requirement to serve as President of the United States as a “native born U.S. citizen,” but that is not what the U.S. Constitution states.  Other websites properly statenatural born Citizen” as the first requirement.

The chart here offers definitions of both the terms “native born” and “natural born” and explains the differences.  Recently Attorney Leo Donofrio located and published an article from The Boston Globe from 1896 which clearly differentiated “native born” from “natural born” in regard to presidential eligibility.  An essay here offers a different explanation of the two terms.  Another essay details the different types of citizenship and the several factors which bring into doubt the “natural born Citizen” status of Barack Hussein Obama.  This author states that Obama could have been “native born” but not “natural born” due to his British citizen father.

The Swiss philosopher Emerich de Vattel stated that a child must have a citizen father to be considered a member of “the society” and “The country of the fathers is therefore that of the children.”  Vattel used the “law of nature” to reach his conclusions about citizenship.

The Federalist Blog maintains that “natural born Citizen” does not refer simply to a person’s place of birth.

Why has the “natural born Citizen” requirement been arbitrarily changed to say “born citizen” or “native born citizen” when that is not the term used in the Constitution?  Is it because Obama did not have a U.S. citizen father and the media has attempted to cover this disqualifying factor?  Some have contended that Obama might not even hold U.S. citizenship at all.

Obama himself has admitted to being born a British citizen, claiming only “native citizen” status.

Why is a citizen of Great Britain giving orders to the U.S. military, and why is the military following those orders?  One officer  who questioned the legitimacy of those orders was sent to Ft. Leavenworth prison rather than being provided with an answer to that question.

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