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Voices of Liberty

"Don't interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties."
-- Abraham Lincoln

"If war should sweep our commerce from the seas, another generation will restore it. If war exhausts our treasury, future industry will replenish it. If war desiccate and lay waste our fields, under new cultivation they will grow green again and ripen to future harvest. If the walls of yonder Capitol should fall and its decorations be covered by the dust of battle, all these can be rebuilt. But who shall reconstruct the fabric of a demolished government; who shall dwell in the well-proportioned columns of constitutional liberty; who shall frame together the skillful architecture which unites sovereignty with state's rights, individual security with prosperity?"
-- Daniel Webster

"If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter."
-- George Washington

"I would rather be exposed to the inconveniences attending too much liberty than those attending too small a degree of it."
-- Thomas Jefferson

"Be not intimidated, therefore, by any terrors, from publishing with the utmost freedom whatever can be warranted by the laws of your country; nor suffer yourselves to be wheedled out of your liberty by any pretenses of politeness, delicacy, or decency. These, as they are often used, are but three different names for hypocrisy, chicanery, and cowardice."
-- John Adams

The Need
In order to ensure that the constitutional mandate established by Article II, Section 1 of the US Constitution is adhered to there needs to be a mechanism put in place that grants authoritative power to enforce the provision set forth for presidential eligibility. To date, there is no mechanism in place.

 

During our research into this matter the following truths were discovered:


 

The Federal Election Commission
The Federal Election Commission is charged, exclusively, with regulating and enforcing election campaign finance law. The FEC's domain does not include verifying the eligibility of the candidates per Article II, Section 1 of the US Constitution.

The FEC’s mission statement reads:

“In 1975, Congress created the Federal Election Commission (FEC) to administer and enforce the Federal Election Campaign Act (FECA) - the statute that governs the financing of federal elections. The duties of the FEC, which is an independent regulatory agency, are to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of Presidential elections.”


County & Sub-State Level Election Authorities
County and sub-state level election authorities routinely abdicate the responsibility of vetting POTUS and VPOTUS to their respective state election boards and commissions.


State Boards of Election & Commissions
The only verification process that State Boards of Election and State Election Commissions execute is to require:

 

1) A Statement of Candidacy – This form (this is an FEC form but it encompasses the requirements of every state) requires each candidate to provide his name, address, party affiliation, office sought, the state and district of the contest, a designation of a principle campaign committee, the designation of other authorized committees and a declaration of intent to expend personal funds. Lastly, it requires a potential candidate to “attest” that he or she is “qualified for the office specified.” At no place in the official guide or paperwork is a birth certificate or other form of verification of natural born citizenship required

2) A Loyalty Oath (Ironically, this is optional)

3) Receipt for filing a Statement of Economic Interests (This is not required for Federal Office or political party offices)

4) Completed Nominating Petitions – These petitions must be correctly filed out, notarized and contain a sufficient number of original signatures as set forth by the election commission

 

When contacted by our researches, each and every election board and commission responded, some through their legal counsels, that the entity responsible for vetting the eligibility of their nominated candidates is the political party itself.

 

Florida: "Under Florida law, the way in which a major party’s candidate is placed on the ballot is that the state executive committee of each political party submits its slate of presidential electors for its candidate before September 1st of each presidential election year; then, by law, the names of candidates are printed on the ballot. Those candidates are not required to provide any documents to the State that they meet the qualifications for office."

 

North Carolina: "The North Carolina State Board of Elections has accepted the nominations for President from the Democratic, Libertarian and Republican Parties as presented by those parties. The North Carolina State Board of Elections does not have jurisdiction to hear a challenge to the eligibility of these Presidential candidates."

 

California: "While the Secretary of State certifies candidates for the ballot, each political party is legally responsible for choosing the candidate they wish to place on the ballot."

 

Michigan: "Please be advised that the state central committee of each political party qualified to appear on the ballot certifies the names of its nominees for U.S. President and Vice-President to the Secretary of State under the signatures of the chairperson and secretary of the committee. (See MCL 168.686) Copies of the nominees' birth certificates or birth records are not required."


Political Parties
A search of both the Republican National Committee and Democrat National Committee websites turns up no information about how either of the party's executive committees vets their proposed candidates. Further, no information about either of the parties most recent candidate's eligibility qualifications was accessible through their organization's official websites.


20th Amendment
The Section III to the 20th Amendment to the US Constitution states:

"If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified."

Although the Twentieth Amendment to the United States provides for a line of succession in the event of the death of the President-Elect or in the event that the President-Elect and/or the Vice-President-Elect fail to "qualify" to hold office, it does not provide for a mechanism to enforce Article II, Section 1 of the United States Constitution in that it does not mandate a procedure to verify the credentials needed to satisfy Article II, Section 1.

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