Following Suit
Posted: December 9, 2008 at 1:54 am | Tags: Electors, Jennifer Granholm, Lawsuit, McCain, Obama
Today I sued the governor of Michigan. Here’s how it happened.
Last week at the county GOP convention I talked briefly with my revolutionary comrade Paul about a suit he was going to file, he wanted to get some people together on Sunday and discuss it, and see if anyone else wanted to be listed as plaintiffs. As a result of a system moderation issue, the email he sent out on Thursday about meeting on Sunday never went out, so nothing came of that. I had put it in the back of my mind and just let it go.
Then Paul calls me this morning and asks if I still want a part of the lawsuit. So I asked him to fax it over so I could look at it. After I did and checked all the constitutional stuff it refrences, I decided to go for it and told him i’d be a co-plaintiff and would ride out to Lansing to file the suit.
Here’s the kicker: there are three defendents, Jennifer Granholm Governor of Michigan, The Republican National Comittee, and the Democratic National Comittee.
Why would we do such a thing you ask? The suit, in more simple terms attacks the validity of appointed electors and says that neither Barack Obama or John McCain have given aqequate proof of natural born citizenship and that the Governor needs to follow what the constitution says and not certify an election by non-appropriately picked electors for candidates who can not legally hold the office of President.The National Committees were named as they had “selected” the electors who would cast these votes.
So me and Paul rode down to Lansing and promptly sued the Governor. And so did people in 22 other states with their respective Governors. There were efforts to get lawsuits filed in all 50 states but it didn’t pan out that way. All three parties will be served in the morning.
Without more Ado, here’s the complaint in plain text for those who don’t want to download the PDFs.
Of course if you would like the PDFs, they are available here:
The Summons: http://john.cruzweb.net/cruzstumpovgranholm/summons.pdf < 800k
The Complaint: http://john.cruzweb.net/cruzstumpovgranholm/complaint.pdf < 14mb
And of course, the full text of Ingham County Circuit Court Case 80 140 MM Paul Stumpo/John Cruz v. Jennifer Granholm/The Republican National Comittee/The Democratic National Comittee.
IN THE STATE OF MICHIGAN
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John Carlos Cruz
Plaintiffs, vs.
GOVERNOR OF THE STATE OF MICHIGAN Democratic National Committee, Barack Obama Republican National Committee, John McCain
Defendants |
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PETITION AND FOR EXTRAORDINARY WRIT OF PROHIBITION
1. Plaintiffs, Paul Joseph Stumpo and John Carlos Cruz, are Citizens of the State of Michigan and bring this action to permanently enjoin the Governor of the State of Michigan and/or his delegate, including any other Presidential Election Officials, (1) from issuing a “Certificate of Ascertainment” to Congress of the United States containing any popular votes for Barrack Obama and Joe Biden for the appointment as Chief Electors, or (2) from issuing a “Certificate of Ascertainment” to Congress of the United States containing any popular votes for John McCain and Sarah Palin for the appointment of Electors; and (3) declaring void and in violation of Article II, Section 1, Clause 2, any vote cast on or before November 4, 2008 involving the appointment of Electors for the State of Michigan because Barrack Obama was a sitting Senator and not eligible to appear on the ballot for the appointment of Electors as this was unconstitutional; and (4) declaring void
and in violation of Article II, Section 1, Clause 2, any vote cast on or before November 4, 2008 involving the appointment of Electors for the State of Michigan because John McCain was a sitting Senator and not eligible to appear on the ballot for the appointment of Electors as this was unconstitutional; (5) and issuing an order directing the Governor of the State of Michigan that neither Barrack Obama or John McCain are or were eligible to be appointed to the office of Elector because they both hold the Office of United States Senator at the time of the Title 3, United States Code, § 1 appointment of Electors held on November 4, 2008 and thus neither of them are or were eligible to be appointed on November 4, 2008, to the office of Elector for the State of Michigan.
2. Asserting, as is expected, some procedural error in the bringing of this Complaint will not in any way settle this dispute between the parties and will only cause Plaintiff and more Citizens of the State of Michigan, to satisfy any such error, and re-file again and again and again, until this Court either violates its oath to support and protect the Constitution of the State of Michigan, and the Constitution of the 50 United States of America, or allows a jury trial or other relief prohibiting the Governor of the State of Michigan, from participating in the unconstitutional appointment of Electors and their unconstitutional selection of persons not eligible to hold the office.
3. As more fully detailed below, the reason for this Petition is that neither Barrack Obama nor John McCain, have established, beyond any reasonable doubt, either of them were naturally born in one of the 50 United States of America or that they were not holding the office of U.S. Senator at the time of their appointment as Elector in Chief on November 4, 2008.
PARTIES
4. Plaintiff Paul Joseph Stumpo is a Citizen of the State of Michigan and will receive mail at 45096 Klingkammer, Utica, State of Michigan.
5. Plaintiff John Carlos Cruz is a Citizen of the State of Michigan and will receive mail at 5 Hubbard, Mt Clemens, State of Michigan.
6. Defendant, Jennifer Granholm, is the Governor of the Great State of Michigan chief law enforcement officer for the State of Michigan and can be served at Lansing, Michigan 48909.
7. Defendant, The Democratic National Committee, Inc., with Barrack Obama as its Elector in Chief, is a political party doing business in the State of Michigan and will receive mail at 606 Townsend St., Lansing, MI 48933
8. Defendant, The Republican National Committee, Inc., with John McCain as its Elector in Chief, is a political party doing business in the State of Michigan and will receive mail at Secchia-Weiser Michigan Republican Center, 520 Seymour St, Lansing, MI 48933.
BACKGROUND
9. The term “United States” appearing in Article II of the Constitution of the United States only means 13 States, as amended by Article IV, and currently contains 50 such State members, entered equally into the union and includes no other place or places.
10. The Governor of each of the 50 United States of America is sworn or affirms to uphold the Constitution creating their office of Governor as well as to uphold the States rights reserved by the States under the Constitution of the 50 United States of America. See Article IV of that instrument.
11. There is only one way to hold the office of President of the 50 United States of America and that is through, and only through, strict compliance with Article II of the Constitution of the United States.
12. To be “natural born” under Article II, Section 1, Clause 5, the person seeking such recognition must have exited his mother’s womb, or otherwise been removed there from, within the judicial or territorial power of any one of the 50 States of the United States of America and there will be no exceptions regarding this Complaint.
13. Congress only has enumerated power to “determine the Time of chusing the Electors and the day on which they shall give their vote; which day shall be the same throughout the United States.”
14. Each State has a vested interest in how each other State of the 50 United States of America exercise and cast their reserved Elector vote for President of the 50 United States of America.
15. On November 4, 2008, each of the 50 States of the United States of America, held their State General Elections for State and National Offices, which included the election of State Office of Electors, who are then directed to perform a single solitary function of casing their vote for the next President of the 50 United States of America and his or her hand selected Vice President.
16. These “votes” are then tendered to the Governor of the State of Michigan who then prepares, files, and submits “certificate of ascertainment” to Congress of the United States to be considered with all other State Governor Certificate of Ascertainment on January 6, 2009. See Title 3, U.S.C. § 6.
17. Each of the people in the 50 States retained, for themselves under the 10th Amendment, an equivalent number of Office of Electors equal to the number of representatives each particular State holds in the National Legislative Congress (“Congress”), established under Article I of the Constitution of the United States, enabling each Elector then to cast his or her vote for President and Vice President of the 50 United States of America when Congress directs.
18. These Electors, once appointed according to the laws of the State of Michigan, are to meet in the respective State of Michigan, and vote by ballot containing a list of two or more persons seeking the office of President and the same for Vice President from which they are then to chuse. See Title 3, United States Code, § 7
19. The Electors named on the November 4, 2008 General Election Ballots circulated throughout the State of Michigan offered by the major political corporations were among others Barack Obama and John McCain.
20. Article II requires that each person seeking the office of President of the 50 United States of America be “natural born” in one of the 50 States and have celebrated his or her completion of 35 years on Earth, and found living in one of the 50 States for a period of 14 years. See Article II, Section 1, Clause 5.
21. Plaintiff is demanding that at least the same requirement be levied upon the those seeking the office of President as those that apply for and received a passport from the United States Government.
22. State Citizens have a right to a fair, open and honest appointment of Electors, according to the laws of the State of Michigan and the Constitution of the 50 United States of America.
23. This request for certain relief follows:
FIRST CLAIM FOR RELIEF
24. Paragraphs 1 through 21 are re-alleged and incorporated herein as if stated word for word.
25. On November 4, 2008, the State of Michigan held their General Election, which included elections for the office of Electors for President of the 50 United States of America. See Title 3, United States Code, § 1 and § 2.
26. On November 4, 2008, Barrack Obama won the appointment as Elector in Chief for the State of Michigan and therefore is slated to have the number of votes appointed to him to be cast for him.
27. Barrack Obama has not certified, or presented certification, containing information that can be verified, that he was born naturally within the legislative, executive, and judicial borders of an Article IV State of the 50 United States of America.
28. Barrack Obama is not eligible, as a person for whom any appointed Elector for the State of Michigan may chuse for either President of Vice President of the 50 United States of America. Barrack Obama has not, by winning the election for the appointment of Elector on the State of Michigan November 4, 2008 General Election Ballot, provided any basis for persons nominated by him or the Democrat National Committee, Inc, to then be considered “appointed” to the office of Elector for the State of Michigan because he is not eligible to hold the office of President of the 50 United States of America.
29. Without being born naturally within any Article IV State of the 50 United States of America, Barrack Obama is not eligible to hold the Article II Office of President of the 50 United States of America.
30. Congress of the United States, according to the 10th Amendment, was not enumerated with power to define the meaning of the phrase “natural born” for the purpose of the election of any person to hold the office of President of the 50 United States of America.
31. The State of Michigan is required, through its Governor, to certify ascertainment of both the popular vote and the subsequent elector vote cast within the State of Michigan.
32. The people of the State of Michigan have a vested interest in the election of a President of the 50 United States of America, as well as a vested interest in the Governor of the State of Michigan complying with that office’s requirement to issue a proper “certificate of ascertainment” only containing votes cast by the people of the State of Michigan for the office of Electors as well as to certify the Elector votes for President of the 50 United States of America, containing only those names of persons voted for that are eligible to hold the office of President. Otherwise, the election of President of the 50 United States of America would be meaningless.
33. Because the Governor of the State of Michigan is required to certify and report the votes of the Electors to the Congress, it is his or her duty to only report those votes by the Electors elected or nominated to the Office of Elector according to the laws of the State of Michigan, and as appropriate, under Article II of the Constitution of the 50 United States of America.
34. The Governor of the State of Michigan is also required to receive the Elector votes, Count them, and certify their ascertainment.
35. None of the persons currently holding the office of Elector were elected according to the Laws of the State of Michigan and as appropriate, under Article II enumerated in the Constitution of the 50 United States of America in violation of Title 3, United States Code, §§§§ 1,2,7 and 8.
36. The Governor of the State of Michigan should be prohibited by order of this Court and the Judicial Power of the State of Michigan from issuing any certificate of ascertainment, or any other certified statement, under the State Seal of the State of Michigan, regarding vote given by any person appointed as an “Elector” that was only seated based upon the appointment of Barack Obama in the State of Michigan as Elector in Chief.
SECOND CLAIM FOR RELIEF
37. Paragraph 1 through 21 are re-alleged and incorporated herein as if stated word for word.
38. On November 4, 2008, the State of Michigan held their General Election, which included elections for the office of Electors for President of the 50 United States of America. See Title 3, United States Code, § 1 and § 2.
39. On November 4, 2008, John McCain won the appointment as Elector in Chief for the State of Michigan and therefore is slated to have the number of votes appointed to him to be cast for him.
40. John McCain has not certified, or presented certification, containing information that can be verified, that he was born naturally within the legislative, executive, and judicial borders of an Article IV State of the 50 United States of America.
41. John McCain is not eligible, as a person for whom any appointed Elector for the State of Michigan may chuse for either President of Vice President of the 50 United States of America.
42. John McCain has not, by winning the election for the appointment of Elector on the State of Michigan November 4, 2008 General Election Ballot, provided any basis for persons nominated by him or the Republican National Committee, Inc, to then be considered “appointed” to the office of Elector for the State of Michigan because he is not eligible to hold the office of President of the 50 United States of America.
43. Without being born naturally within any Article IV State of the 50 United States of America, John McCain is not eligible to hold the Article II Office of President of the 50 United States of America.
44. Congress of the United States, according to the 10th Amendment, was not enumerated with power to define the meaning of the phrase “natural born” for the purpose of the election of any person to hold the office of President of the 50 United States of America.
45. The State of Michigan is required, through its Governor, to certify ascertainment of both the popular vote and the subsequent elector vote cast within the State of Michigan.
46. The people of the State of Michigan have a vested interest in the election of a President of the 50 United States of America, as well as a vested interest in the Governor of the State of Michigan complying with that office’s requirement to issue a proper “certificate of ascertainment” only containing votes cast by the people of the State of Michigan for the office of Electors as well as to certify the Elector votes for President of the 50 United States of America, containing only those names of persons voted for that are eligible to hold the office of President. Otherwise, the election of President of the 50 United States of America would be meaningless.
47. Because the Governor of the State of Michigan is required to certify and report the votes of the Electors to the Congress, it is his or her duty to only report those votes by the Electors elected or nominated to the Office of Elector according to the laws of the State of Michigan, and as appropriate, under Article II of the Constitution of the 50 United States of America.
48. The Governor of the State of Michigan is also required to receive the Elector votes, Count them, and certify their ascertainment.
49. None of the persons holding the office of Elector were elected according to the Laws of the State of Michigan and as appropriate, under Article II enumerated in the Constitution of the 50 United States of America in violation of Title 3, United States Code, §§§§ 1,2,7 and 8.
50. The Governor of the State of Michigan should be prohibited by order of this Court and the Judicial Power of the State of Michigan from issuing any certificate of ascertainment, or any other certified statement, under the State Seal of the State of Michigan, regarding vote given by any person appointed as an “Elector” that was only seated based upon the appointment of John McCain in the State of Michigan as Elector in Chief.
THIRD CLAIM FOR RELIEF
51. Paragraph 1 through 21 are re-alleged and incorporated herein as if stated word for word.
52. The People of the State of Michigan have an inherent and direct interest in seeing the Governor of the State of Michigan comply with the laws of the State of Michigan as well as to see to it the laws, including those which govern the appointment of Electors, be faithfully executed promptly.
53. The Governor of the State of Michigan is required by State Law to perform the function involving the Electors and their votes, as the Highest and Most important chief law enforcement officer for the State of Michigan.
54. It is his or her duty to make certain that in performance of such duty, involving the Electors appointment for the State of Michigan, such election of a President of the 50 United States of America, be in accordance with the Constitution of the 50 United States of America, per Article IV of said Constitution and Title 3, United States Code, § 1 through 9.
55. By allowing the name of Barrack Obama upon the ballot for appointment of Electors, the Governor of the State of Michigan has allowed Barrack Obama to be appointed “Elector in Chief” in violation of Article II, Section 1, Clause 2s prohibition that no United States Senator currently holding that office shall be appointed Elector for any State.
56. On November 4, 2008, during the election for appointment of Electors, Barrack Obama’s name appeared on the ballot in violation of Article II, Section 1, Clause 2.
57. This Court should issue an Order declaring void and in violation of Article II, Section 1, Clause 2, any vote cast on or before November 4, 2008 involving the appointment of Electors for the State of Michigan because Barrack Obama was a sitting Senator and not eligible to appear on the ballot for the appointment of Electors as this was unconstitutional.
FOURTH CLAIM FOR RELIEF
58. Paragraph 1 through 21 are re-alleged and incorporated herein as if stated word for word.
59. The People of the State of Michigan have a inherent and direct interest in seeing the Governor of the State of Michigan comply with the laws of the State of Michigan as well as to see to it the laws, including those which govern the appointment of Electors, be faithfully executed promptly.
60. The Governor of the State of Michigan is required by State Law to perform the function involving the Electors and their votes, as the Highest and Most important chief law enforcement officer for the State of Michigan.
61. It is his or her duty to make certain that in performance of such duty, involving the Electors appointment for the State of Michigan, such election of a President of the 50 United States of America, be in accordance with the Constitution of the 50 United States of America, per Article IV of said Constitution.
62. By allowing the name of John McCain upon the ballot for Electors the Governor of the State of Michigan has allowed John McCain to be appointed “Elector in Chief” in violation of Article II, Section 1, Clause 2s prohibition that no United States Senator currently holding that office shall be appointed to the office of Elector for any State.
63. On November 4, 2008, during the election for appointment of Electors, John McCain’s name appeared on the ballot in violation of Article II, Section 1, Clause 2.
64. This Court should issue an Order declaring void and in violation of Article II, Section 1, Clause 2, any vote cast on or before November 4, 2008 involving the appointment of Electors for the State of Michigan because John McCain was a sitting U.S. Senator and not eligible to appear on the ballot for the appointment of Electors as this was unconstitutional.
FIFTH CLAIM FOR RELIEF
65. Paragraph 1 through 21 are re-alleged and incorporated herein as if stated word for word. Article II prohibits any current United States Senator, holding an office of trust under the United States, from being appointed an Elector.
66. Barrack Obama was a United States Senator from the State of Illinois holding a 6 year term that expires in 2013 as of November 4, 2008.
67. John McCain is a United States Senator from the State of Arizona holding a 6 year term that expires in 2011 as of November 4, 2008.
68. On November 4, 2008, Barrack Obama was appointed Elector pursuant to Title 3, United States Code, § 1 by way of the State of Michigan General Election Ballot.
69. Barrack Obama or John McCain chuse who will cast their vote for themselves as their delegation of authority depending on which particular State they are appointed.
70. This Court should issue an order directing the Governor of the State of Michigan that neither Barrack Obama or John McCain are eligible to be appointed to the office of Elector because they both hold the Office of United States Senator at the time of the Title 3, United States Code, § 1 appointment of Electors held on November 4, 2008 and thus neither of them are or were eligible to be appointed on November 4, 2008, to the office of Elector for the State of Michigan.
71. JURY TRIAL IS DEMANDED AS TO ALL FACTS IN DISPUTE
Respectfully submitted,
Dated this day of December 8, 2008
____________________________
Paul Stumpo
Utica, State of Michigan
____________________________
John Carlos Cruz
Mt. Clemens, State of Michigan
The outcome of this case could not be more important to every State Citizen. If the person holding the office of President of the 50 United States of America is not Constitutionally eligible, this would raise authorization and jurisdiction concerns about any exercise of Executive Cabinet authority involving the enforcement of any laws written by Congress in any legal.
Barrack Obama would be required to prove he was naturally born in one of 50 States, unless he proves he is older than 49, while John McCain would be required to prove he was naturally born in one of 48 States.
Congress of the United States, pursuant to the 10th Amendment, was not enumerated with any power to define or redefine the meaning of the phrase “natural born,” or the meaning of the word “natural” as appearing in Article II of the Constitution of the United States relating to the election of a President of the 50 United States of America.
