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HEARING SCHEDULED FOR APRIL 10, 2012 at 9:00 a.m.; was 10:00 a.m.

by Terry Hurlbut, reporting at Conservative News and Views

(Apr. 7, 2012) — Two New Jersey residents became the latest to file an Obama eligibility challenge. They are also the first to challenge Obama’s eligibility in New Jersey for this  election.

Latest Obama eligibility challenge

Nick Purpura and Ted Moran, both of south central New Jersey, objected to Barack H. Obama’s placement on the primary ballot. New Jersey will hold its primary election on June 5. Purpura and Moran say that Obama should not have his name on the ballot because he is not eligible to the office of President. Nick Purpura is a registered Republican, and Ted Moran is a registered Democrat. Therefore, this objection is bi-partisan.

Purpura and Attorney Mario Apuzzo of Jamesberg, who represents both men, delivered their objection personally to the Office of the Division of Elections, 225 W State Street, Trenton, NJ. CNAV was present. Purpura and Apuzzo wanted to see Secretary of State and Acting Governor Kim Guadagno. Instead, they saw Mr. Robert Giles, Director of the Division of Elections. Mr. Giles and his employees received the two men with courtesy and respect, and did not object to CNAV recording the conversation. Afterward, Apuzzo quipped, “We’re not political prisoners!”

Apuzzo handed Giles the objection and explained his grounds. They are:

  1. Obama has never shown that he was born in the United States, nor even who he really is.
  2. Obama’s father was never a citizen of the United States. Therefore, Obama cannot be a natural-born citizen.

Apuzzo referred to several cases on point. They include an Obama eligibility challenge in Alabama. Alabama Justice Tom Parker said that the challenger in that case had offered evidence

which, if presented to [an] appropriate forum…would raise serious questions about the authenticity of both the “short form” and the “long form” birth certificates of Barack Hussein Obama that have been made public.

Apuzzo told CNAV that he considered that his strongest single argument.

A unique challenge

Giles told Apuzzo that no other parties had filed any Obama eligibility challenges, and so the Purpura-Moran challenge was the first. Giles then took Apuzzo’s submission with him and asked Apuzzo and Purpura to wait. After fifteen minutes, Giles told the two men that the Division of Elections not only accepted the challenge, but also placed it on the docket for a plenary hearing before an administrative law judge. This hearing will take place on Tuesday, April 10, at 10:00 a.m., at the Administrative Law offices in Quakerbridge, NJ.

Giles also said that this challenge was unique. Most ballot objections, he said, were on such grounds as not having enough signatures, or having improper signatures (non-registered voters, voters signing twice, etc.). This challenge went to eligibility, not qualification.

Apuzzo and Purpura expressed pleasant surprise at having the Division of Elections accept their Obama eligibility challenge so quickly. Apuzzo had expected to wait for several lawyers from the Attorney General’s Office to review the objection, and to have an answer by April 10. Apuzzo guessed that those OAG lawyers knew that an Obama eligibility challenge was coming and were ready to review it on the spot and decide whether it deserved a hearing. Obviously they said, “Yes.”

Giles also admitted this key fact: New Jersey has never formally found that Barack H. Obama is eligible to the office of President. No one has ever challenged the eligibility of Obama or any other Presidential candidate, so the State has never dealt with the Obama eligibility issue. For that reason, New Jersey has no earlier finding to rely on and must find Obama eligible, or not, in answer to this challenge.

Apuzzo told CNAV that the main strengths of his Obama eligibility challenge were:

  • No one knows for sure who Barack H. Obama really is.
  • A law-enforcement officer (Sheriff Joe Arpaio of Maricopa County, Arizona) has found probable cause to suspect that the White House Obama birth certificate document is a forgery.
  • A ranking jurist in another State (Alabama Justice Tom Parker) has said that the birth certificate could never stand up in court.

Apuzzo also argues that Obama is not eligible because his father was not a citizen when Obama was born, and indeed never became one. He cited Emmerich de Vattel’s Law of Nations, a reference that the Framers of the Constitution cited repeatedly. He also cited a letter from James Madison that flatly denied that English Common Law was the common law for the new federal government. The Constitution would have its own standard of common law.


Editor’s Note:  The hearing on this objection, and any other objections that anyone else might file, will take place on Tuesday, 10 April 2012, at 10:00 a.m. An Administrative Law Judge will hold a plenary hearing at the Office of Administrative Law in Mercerville. The address is:


The link above gives directions to the OAL, using US Route 1, Interstate 195, or Interstate 295.


Editor’s Note:  Atty. Apuzzo was interviewed in his law office today by News12 about the ballot challenge hearing tomorrow.

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