New York Case Challenging Obama’s Constitutional Eligibility Remains Open

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by Sharon Rondeau

The New York State Board of Elections refused to remove Obama’s name from the ballot after registered voter Robert Laity filed an eligibility complaint in late 2011

(Nov. 29, 2012) — On December 2, 2011, Robert Laity, a resident of New York State, filed a ballot challenge with the New York State Board of Elections to the placement of Barack Hussein Obama’s name on the ballot for the upcoming 2012 election.

Before filing his Challenge Petition, Laity had communicated his concerns about Obama’s constitutional eligibility to his state senator and New York Governor Andrew Cuomo.  Under Article II, Section 1, clause 5 of the U.S. Constitution, the president must be a “natural born Citizen.”  When he filed the petition late last year, Laity told The Post & Email that he had been inspired to take action by Capt. Pamela Barnett’s Obama Ballot Challenge website, launched to inform the public about each state’s ballot objection period.

The Board of Elections refused to take up Laity’s challenge, after which he appealed to the New York Court of Claims, which is equivalent to the New York Supreme Court.  In his complaint to the Court of Claims, Laity cited voter disenfranchisement, violation of the Help America Vote Act (HAVA), and the alleged ineligibility of both Barack Hussein Obama and John McCain in 2008.

Laity is a veteran and former employee of the Department of Veterans Affairs.

In the complaint, Laity cited monetary damages incurred at $1 trillion.  Ultimately, the Court of Claims responded that it did not have jurisdiction to prohibit Obama from running for president in 2012.

On November 21, 2012, Laity appealed to the New York State Supreme Court’s Appellate Division in Albany seeking an injunction against the governor from certifying the names of New York State electors to cast their votes in the Electoral College on December 17, 2012.

Laity has additionally charged Obama with treason and “criminal activities.”

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The Board of Elections website does not appear to have posted the final results of the 2012 elections.

Laity is founder of the Society for the Preservation of Democracy and Human Rights.  He has had articles published at Australia News, Rogers Media, and The Post & Email.

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Categories: States