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GARDNER BELIEVES HIS AUTHORITY TO ACT HAS LAPSED

by John Charlton

(Sept. 16, 2009) — New Hampshire Representative Laurence M. Rappaport confirmed for The Post & Email the latest developments concerning his request for an investigation of Barack Hussein Obama’s presence on the NH ballot in 2008.

Mr. Gardner called me yesterday afternoon.  He told me that he cannot begin an official investigation because

a) he doesn’t have the staff to do anything large scale,

b) he believes his authority lapses after an election and

c) any formal investigation would have to be started by the New Hampshire Election Law Commission.

Mr. William Gardner (D) is the New Hampshire Secretary of StateThe Post & Email has attempted to contact Gardner for a statement since publishing our first report on this issue, on Saturday.  I asked him three questions:

1) I am specifically interested whether a) you have formally directed your office to undertake an investigation, and b) if you could explain to me what are the statutory requirements and process for Presidential candidates to obtain a place on the NH general ballot and be admitted thereto by your office.
2) I also ask if you could give me a statement on what are the requirements for the office of president, according to Article II, Section 2, paragraph 5; and if you are familiar with the seven (7) Supreme Court Rulings which quote approvingly the definition given by Emmerich de Vattel (The Law of Nations) that a “natural born citizen” is; namely, as “one born in the country of parents who are citizens” thereof.
3) Since Barack Obama II was a British subject at birth, in virtue of his father’s nationality, by what criteria did your office determine he was a natural born citizen?

Gardner’s office did not respond to The Post & Email’s request for more information.

Representative Rappaport (Coos District 1) has clarified for The Post & Email, that during his initial visit, Mr. Gardner affirmed that if his office could not take action, the request for an investigation would be forwarded to the New Hampshire Attorney General’s office, which has investigated election fraud cases before (e.g. in 2006).

The new state Attorney General is Michael A. Delaney, who was sworn in on Aug. 24th, of this year, by Governor Lynch, following the resignation of the previous occupant.  Delaney wasted no time getting to work filing his first action just two days later, in State v. Dr. Anton A. Heins, III.

NH Representative Rappaport says Delaney previously served in the State’s AG office and in the Governor’s personal council. Delaney hails from Manchester, NH, according to his office’s news release.

Rappaport in closing, responded to the many emails and phone calls which resulted from his interview by the Post & Email, and the wild charges being posted on the internet about his simple request, saying “… I’m not advocating for any position; I am most certainly not a racist, but I do think the American people have a right to know if our President was indeed eligible.”

Since The Post & Email covered this story, it has been picked up by a number of news agencies, and dozens of websites.

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  1. Larry Walker, Jr. Below is my email exchange with SoS office in GA back in October.

    My original email>

    From: Gwg1955@*************
    Sent: Monday, October 27, 2008 2:52 PM
    To: Brown, Rhonda
    Subject: Web E-Mail [Elections] From Greg Goss

    Name: Greg Goss
    Phone: ***-***-****
    Address: .
    City:
    State:
    Zip Code:
    E-mail: Gwg1955@********

    Question / Comment: Ms. Handel,

    The Georgian secretary of state has unique duties and great latitude for the
    exercise thereof. I am obviously speaking about Sen. Barak Obama’s refusal
    to produce a valid birth certificate and after returning to Hawaii last
    week, the Governor of Hawaii has had it sealed. I bring to your attention
    Georgia law and offer you options that follow.

    O.C.G.A. § 21-2-5

    GEORGIA CODE
    Copyright 2008 by The State of Georgia
    All rights reserved.

    *** Current through the 2008 Regular Session ***

    TITLE 21. ELECTIONS
    CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY
    ARTICLE 1. GENERAL PROVISIONS

    O.C.G.A. § 21-2-5 (2008)

    § 21-2-5. Qualifications of candidates for federal and state office;
    determination of qualifications

    (a) Every candidate for federal and state office who 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.

    (b) The Secretary of State upon his or her own motion may challenge the
    qualifications of any candidate at any time prior to the election of such
    candidate.

    (c) The Secretary of State shall determine if the candidate is qualified to
    seek and hold the public office for which such candidate is offering. If the
    Secretary of State determines that the candidate is not qualified, the
    Secretary of State shall withhold the name of the candidate from the ballot
    or strike such candidate’s name from the ballot if the ballots have been
    printed. If there is insufficient time to strike the candidate’s name or
    reprint the ballots, a prominent notice shall be placed at each affected
    polling place advising voters of the disqualification of the candidate and
    all votes cast for such candidate shall be void and shall not be counted.

    So I write to you and ask that you act in t he best interest of not only
    Georgia but our country as a whole. The way I see it we have two choices
    here. Neither one is going to be easy but one is far worse to leave without
    action than the other.

    Choice number one. Ask presidential candidate Sen. Burak Obama to prove he
    is in fact eligible to hold the office of POTUS under Article II of the
    constitution of the US or you will have no choice but to remove his name
    from the ballot under Georgia law, listed above. Surely there will be
    outcry.
    Choice number two. Do nothing and if Sen Barak Obama is in fact elected in
    the general election he will fail to qualify for the office of POTUS before
    the Electoral College. If this is allowed to happen then the public unrest
    is sure to lead to riots, death and destruction both here in the US and in
    other countries.

    The reply>

    From: “Brown, Rhonda”
    To:
    Sent: Monday, October 27, 2008 3:35 PM
    Subject: RE: Web E-Mail [Elections] From Greg Goss

    Thank you for your inquiry into Senator Barack Obama’s appearance on
    Georgia’s ballot as the Democratic National Party’s candidate for President
    of the United States.

    Recently, a lawsuit was filed claiming that Mr. Obama is not qualified to
    run for President and should not appear on Georgia’s ballot. See Terry v.
    Handel, In the Superior Court of Fulton County, State of Georgia, Civil
    Action File No. 2008CV158774. On October 24, 2008, the Court entered an
    Order recognizing that in Georgia, as elsewhere in the United States, voters
    cast their ballots for “presidential electors,” rather than directly for a
    candidate, when voting for the office of President of the United States.
    See, e.g., U.S. Const. art. II, § 1, cl. 3; O.C.G.A. § 21-2-172. Because of
    this, the Secretary of State of Georgia does not have the authority to
    refuse to allow someone to be listed as a candidate for President of the
    United States when such individual has been properly nominated by a
    political party. See O.C.G.A. §§ 21-2-172 to 21-2-200. Rather, Georgia law
    imposes duties simply for the examination of presidential electors.
    O.C.G.A. § 21-2-172. The political parties’ candidates for President of the
    United States are typically determined through a political party’s
    convention. O.C.G.A. § 21-2-191 to 21-2-200. Therefore, any concerns you
    may have regarding the qualifications of Mr. Obama to remain on Georgia’s
    ballot as a candidate for President of the United States should be directed
    to the Democratic National Party.

    I hope this information is helpful to you and thank you for your concern as
    we prepare for Election Day.

    Rhonda M. Brown
    Operations Coordinator
    SOS Elections Division

    Good luck…..

    And PS My email exchange with the NH SoS office back in January can be read here. http://www.therightsideoflife.com/?p=7265

  2. Why did he feel the need to say he was not a racist? Is that how it’s going to be with this President from now on. I thought we moved past all of this. What a dissapointment.

  3. Well, hopefully this will get to the AG. I forwarded the same report from JB Williams to my local election supervisor requesting an investigation and today she forwarded it to the GA Secretary of State. We shall see what happens.