by Sharon Rondeau

(Jun. 26, 2022) — Contrary to claims made by commenter “Peter H. Burnett” in response to our recent articles about a Minnesota case asking a court to compel two foreign-born candidates to prove they are U.S. citizens and therefore constitutionally eligible to office, the Facebook page of challenger AJ Kern does not report that her case, heard on Thursday by Judge Bridget Sullivan, is or will be “dismissed.”

Earlier this year, Kern asked Minnesota Fifth Congressional District Congresswoman Ilhan Omar, who is seeking a third term, and a fellow Democrat primary challenger, Don Samuels, for written permission to access their naturalization records, if in fact they exist, to assure the district’s constituents and the American public that each meets the citizenship requirement stated in Article I, Section 2, clause 2 of the U.S. Constitution for members of the U.S. House of Representatives.

Omar was born in Somalia and Samuels in Jamaica; neither has declared a year or date of naturalization in the United States. After neither responded to her request, Kern filed suit pro se, naming Samuels and Omar as defendants along with Minnesota Secretary of State Steve Simon for failing to certify that either is eligible to hold the office.

As we reported, according to the case docket and two eyewitnesses, Sullivan did not issue a ruling on Thursday or the following day. According to eyewitness Jonathan Mooers, who took notes during the hearing, Sullivan “said she would render an opinion/ruling next week.”

The Post & Email consulted Kern’s Facebook page prior to Burnett’s provision of a link, at our request, following two comments he made claiming Kern “announced on her Facebook page that her case was dismissed” and, when further questioned by this writer, that her “posting on Facebook implies it either was dismissed or she knows the dismissal is inevitable.”

Burnett’s initial comment is invisible to readers due to the number of comments submitted in response to our latest article on the subject, an issue of which The Post & Email was unaware until today. However, the comment appears below the article in the Dashboard.

Despite Burnett’s assertions, other than posting the comment that “Minnesota does not vet the citizenship of federal candidates but provides the appearance of doing so through the Affidavit of Candidacy” (shown above) following the hearing, Kern has not commented on the hearing or what she expects Sullivan’s ruling might be. Rather, it is Burnett who has prognisticated at length as to what he believes, or desires, the outcome to be.

As most of our readers are aware, knowingly posting false information is cause for a commenter being permanently banned.

The Post & Email will report on Sullivan’s decision after it is issued.

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    1. Kerns complaint dismissed.

      Dismissed for failing service on Omar and Samuels.

      “First, the court lacks jurisdiction over any chapter 209 election contest brought at this juncture, requiring dismissal of the action. Second, even if this Court had jurisdiction over a chapter 209 election contest at this juncture, this Court would not be permitted to make the findings necessary to support Kern’s requested relief, again requiring dismissal of the action. Third, per statute Secretary Simon is not a proper contestee to a chapter 209 election contest, except in narrow circumstances not relevant here, requiring dismissal of Secretary Simon from this action. Fourth, because Representative Omar was not properly served a chapter 209 notice of contest, this Court does not have jurisdiction over the Representative”

      “Order
      1. Plaintiff Kern’s complaint is dismissed.
      2. Defendant Secretary Simon’s motion to dismiss is denied.
      3. Defendant Representative Omar’s motion to dismiss for failure of service is granted.
      4. Plaintiff Kern’s complaint is dismissed as to Don Samuels for the same reasons it is dismissed as to Representative Omar.”

      https://publicaccess.courts.state.mn.us/CaseSearch

  1. Question: Did A. J. Kern submit proof of her U.S.A. citizenship when she applied for the primary election?

    Also, when will U.S. Senator Rafael E. (Ted) Cruz prove his U.S. citizenship to his Texas constituents?