by Sharon Rondeau

Virginia Attorney General Jason S. Miyares (Source)

(Feb. 12, 2023) — When a Virginia state senator recently asked the Office of the Attorney General for an “advisory opinion” on the meaning of the Article II, Section 1, clause 5 presidential requirement, “natural born Citizen,” the response was a declination to issue an opinion.

According to the Office’s page on the subject, “official opinions issued by the Attorney General are part of the duties of the office (see Code § 2.2-505). A person authorized by statute, such as the governor, a member of the General Assembly, a constitutional officer, or the head of a state agency, can ask the Attorney General for an official opinion on the law. Members of the general public are not authorized to ask for opinions.”

Jason S. Miyares (R) is the Commonwealth’s current attorney general, having assumed office in January 2022 after Republicans won sweeping victories in the November 2021 elections.

Miyares is “the son of a Cuban immigrant,” he states in his “welcome” message.

“Your inquiry presents a question of federal law,” Special Counsel for Opinions Amanda McGuire wrote to 15th senatorial district Sen. Frank M. Ruff, Jr. in a letter dated January 9, 2023. “Although the Commonwealth does participate in the conduct of elections for federal offices, it is important to remember that the selection of the President of the United States is multi-step process [sic] involving two elections” consisting of an election by the Commonwealth’s voters for “choosing electors” and a subsequent vote carried out by members of the Electoral College.

The President and Vice-President are not “direct candidates on the November ballot,” McGuire wrote, but rather, “the candidates for electors” who will “select” individuals for those positions.

“Virginia law requires” that the names of the presidential and vice-presidential candidates put forth by the “political parties” be placed on the ballot, McGuire continued, but the law “imposes no affirmative duty upon state election officials to verify whether those individuals meet constitutional eligibility requirements” before doing so.

Further, she contended that, “States have no authority with respect to establishing qualifications for federal offices…[citation omitted], nor do Virginia election officials have any duty to investigate whether a presidential nominee meets constitutional eligibility requirements…”

“Under these circumstances,” she concluded on page 2, “any Opinion rendered in response to your inquiry would be merely academic…your inquiry is best resolved by appropriate federal authorities…Accordingly, this Office respectfully declines to opine on the matter.”

To his constituents, Ruff states on his website:

The issues most common to our area are: Budget/Taxes, Job Creation, Business Regulation, Healthcare, Public School/College, Environmental/Uranium Mining, Renewable Energy, Road and Transportation/Gas Tax, Seniors, Veterans, Gun Rights, and Right to Life. If you share these concerns or have others, I would love to hear from you. It is important to me to know how the issues affect you so that I may represent you well…

Your views are important to me, but they must mesh with my view of the role of government in the lives of those of us in Southern Virginia. Please visit the Legislation page. There you will also find links to bills I have sponsored in past sessions…

Having served in the state senate and House of Delegates for a combined 30 years, the district Ruff currently serves is “the largest in the Commonwealth.”

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  1. So here is Virginia law. State Board of Elections duties. Ҥ 24.2-103. Powers and duties in general; report.
    A. The State Board, through the Department of Elections, shall supervise and coordinate the work of the county and city electoral boards and of the registrars to obtain uniformity in their practices and proceedings and legality and purity in all elections. Its supervision shall ensure that major risks to election integrity are (i) identified and assessed and (ii) addressed as necessary to promote election uniformity, legality, and purity. ” How can the commissioner of elections ensure legality of elections without ensuring those on the ballot are there legally?

  2. I believe in 2024 the issue is going to be litigated in the courts, especially if Haley secures the nomination. The so called constitutional scholars said Ted Cruz was eligible because his Mom was a U.S. Citizen, which I don’t agree with. So they can’t have it both ways either the parental citizenship matters or it doesn’t and if it does as they say then Harris and Haley aren’t Natural Born Citizen. Neither of their parents were citizens and no one has asked if Harris or Haley hold foreign citizenship.

    1. The protection of the Uniparty Congress and all complicit in The Obama Fraud from possible changes of treason depends on the definition of Natural Born Citizen remaining what it falsely means now based on the current fictional definition used to protect Obama and others who are usurping the positions they hold. That protects all complicit in The Obama Fraud…including judges. That is a lot of people. Hillary was not supposed to lose as the after Obama cover president, and for sure not to Donald Trump.
      The crimes committed in the installation of Obama are so huge they must be covered-up….forever…….,,,the fundamental change promised by Obama continues…….

      1. For the judiciary there are few decisions to be made that are thornier than one based on the “natural-born citizen” clause. An honest judge would be torn to follow the Constitution on one hand and ensure political stability on the other.

        Clearly, Nikki Haley is not eligible to be president and history and case law supports that notion. But a ruling against Haley would be a ruling, in effect, against the presidency of Barack Obama and the vice presidency of Kamala Harris.

        The demonstrations at the homes of Supreme Court justices following the Dobbs decision, and the stalking of Justice Kavanaugh, were meant as palpable threats against any judge who strays off the Democrat plantation.

        Do we have a brave man or woman sitting on the bench who will make the right and constitutional decision? Or will they all shirk from their role as guardians of our law? We can only hope and pray.

        1. Thanks for your reply, especially the last sentence.
          I don’t believe “political stability” should change or nullify the Constitution. If it does the Constitution is nullified by violence and threats of violence………and is only useful for those who are going to get their fundamental change no matter what.

          Government becomes just one big charade…………Unfortunately, we are already there….

        2. Obama usurped the Presidency by fraud and then because that was not prevented by our government, others attempted to follow in that path. Ted Cruz claimed that “If Obama can do it so can I”.

          The fact that there has now been established a past practice of allowing non NBCs to usurp the Presidency and Vice-Presidency is criminal, treasonous and deserves the utmost attention. The USA has fallen under the control of foreign influence. Obama, Biden, Harris, Pelosi, Cruz,Rubio,Jindal,Duckworth, Gabbard, Swartzenegger and now Haley.

          It is the ultimate obligation of “We the people” to TAKE BACK control of OUR government. Each and every one of us MUST put the pressure on NOW. Press on as far as your health will allow. Stay strong. Defend the USA now before it becomes too late.