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OFFICE OF STATE ADMINISTRATIVE HEARINGS STATE OF GEORGIA DAVID P. WELDEN Plaintiff v. BARACK OBAMA Defendant

PRE-TRIAL ORDER

COMES NOW the Plaintiff, David P. Weide'', and files the following Pre-trial Order: (1) The name, address, Phone number, fax number and Email address of the attorney(s) (or Pro se party) who will conduct the hearing is as follows: Attorney: TBD Pro se party: David P. Welden 5530 Wright Road Powder Springs, GA 30127 Phone: (770) 943-2025 Fax: (770) 943-3047 Email: dpwelden(&gmail.com

(2) The estimated time for the hearing:

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(3) The following motion is anticipated for consideration by the Court: (a) None anticipated.

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Direct Examination: One hour Cross Examination: TBD Total: Est. One to two hours

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Docket Number: OSAH-SECSTATE-CE1215137-60-MALIHI

(4) The issues for determination by the Court are as follows: A.

Should the name BARACK OBAMA be excluded from the March 6, 2012 Democratic Presidential Primary ballot in the State of Georgia? I
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Hereinafter this Order will respectfully refer to Barack Obama, also known as Barack Hussein Obama Jr., Barack Obama 11, Mr. Obama and President Obama as "Barack Obama".

(5) The following is an in-depth outline of the case and contentions including specific statutes or rules or other source of law upon which each issue is based and any special authorities relied upon (please attach a copy of any case, statute, rule and/or regulation cited. A.

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Legislation sponsored by Georgia Representative Mark Hatfield (Waycross, Ware County) acknowledged a need for presidential and vice-presidential candidates to show they are in compliance with the Article II, Section 1 requirements of the Constitution of the United States of America. HB 401, the Presidential Eligibility Assurance Act was, at one time, co-sponsored by more than ninety (90) Georgia Representatives. Unfortunately, political pressure prevented the bill from reaching the House floor for a vote. Representative Hatfield is expected to testify to the need for enforcement of clearly defined candidate qualification requirements. Ref. Exhibit P-1.

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On November 1, 2011, acting on behalf of Barack Obama, the Democratic Party of Georgia advised the Georgia Secretary of State that the name of one candidate, Barack Obama, will appear on the Democratic Presidential Primary Ballot. Ref. Exhibit P-2. C.

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O.C.G.A. 21-2-5 allows Electors to challenge the qualifications of candidates to seek and hold the public office for which he or she is offering. Upon request of the Secretary of State, an Administrative Law Judge may hear the matter and report his or her findings to the Secretary of State. If the Secretary of State determines the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot. Ref. Exhibit P-3.

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B. 2

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D. E.

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F. G. H. A. 3

Plaintiff's November 11, 2011 letter to the Georgia Secretary of State challenged the appearance of Barack Obama on the March 6, 2012 Democratic Presidential Primary Ballot. Ref. Exhibit P-4.

Barack Obama's Birth Certificate, downloaded by Plaintiff from the White House website, shows Barack Obama Sr. of Kenya to be the father of Barack Obama. Ref. Exhibit P-5.

The Constitution of the United States mandates "No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President." Article II, Section 1.

Minor v. Happersett, 88 U.S. 162 (1875): The United States Supreme Court defined "natural-born citizens" as "all children born in a country of parents who were its citizens." The same opinion distinguished all other citizens from natural born citizens. Ref. Exhibit P-6.

Because Barack Obama's father was not a citizen of the United States at the time of Barack Obama's birth, Barack Obama is not a "natural born citizen" as is required by the Constitution and defined by the Supreme Court. Therefore, he is not qualified to be placed on the March 6, 2012 Democratic Presidential Primary ballot in the State of Georgia.

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(6) The types of relief sought are stated as follows:

The Court shall report to the Secretary of State, findings that the name BARACK OBAMA should be excluded from the March 6, 2012 Democratic Presidential Primary ballot in the State of Georgia.

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(7) The following facts are stipulated (if any): A. B.

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C. D.
-

The Constitution of the United States of America is the supreme law of our land.

The Constitution of the United States mandates "No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President." Art. II sec. 1.

Barack Obama, Sr., father of Barack Obama, Defendant, was a citizen of Kenya in 1961 when Barack Obama was born.

The United States Supreme Court has defined "natural born citizens" as "all children born in a country of parents who were its citizens." See Minor v. Happersett, 88 U.S. 162 (1875). The same opinion distinguished all other citizens from natural born citizens.

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(8) The following is a list of all exhibits that will be tendered at the hearing. Unless noted, the parties have stipulated as to the authenticity of the exhibits listed and the exhibits listed may be admitted without further proof of authenticity. All exhibits shall be marked by counsel prior to hearing. Parties shall consolidate exhibits by eliminating duplicates and use a common numbering system for joint exhibits so that one set of joint exhibits is presented to the Judge. Exhibits shall be pre-marked by the parties sequentially starting with "P 1." for the Plaintiff's exhibits, and "D 1." for the Defendant's exhibits. A copy of the exhibits shall be given to the opposing party no less than 5 days before the hearing and to the Judge when first identified at the hearing.
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Exhibit P-1: HB 401, the Presidential Eligibility Assurance Act. Exhibit P-2: Letter of November 1, 2011, from Democratic Party of Georgia. Exhibit P-3: O.C.G.A. 21-2-5. Exhibit P-4: Welden letter of November 11, 2011, to Secretary of State. Exhibit P-5: Birth Certificate of Barack Obama, downloaded from the White House website by Plaintiff, is a Statement of Party Opponent. Exhibit P-6: Minor v. Happersett, 88 U.S. 162 (1874).

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(a) NONE

(9) The testimony of the following persons may be introduced by depositions:

The following are lists of witnesses and a brief description of each witness' (10) expected testimony and relation to the issues for determination.

(a) Congressman Mark Hatfield is expected to testify to the need for enforcement of clearly defined candidate qualification requirements. Opposing counsel may rely on representation by the designated party that she/he will have a witness present unless notice to the contrary is given in sufficient time prior to the hearing to allow the opposing party to subpoena the witness to obtain her/his testimony by other means.

(a) Unlikely.

Submitted by: David P. Welden, Plaintiff

Attorney for Plaintiff: TBD

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Attorney for Defendant:

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This is the 9 th day of December, 2011.

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The hearing can be avoided if the parties are able to settle the dispute voluntarily. (11) Mediation is available as a possible means of resolving your differences without the necessity of a formal hearing. The possibilities of settling the case without a hearing are:

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I
ORDER

IT IS HEREBY ORDERED THAT the foregoing, including the attachments thereto, constitutes the PRE-TRIAL ORDER in the above case upon filing with the clerk and supersedes the pleadings that may not be further amended except by order of the Court to prevent manifest injustice.

SO ORDERED, this

day of

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, 2012. MICHAEL M. MALIHI, Judge


11 House Bill 401 of the Davis of the 109th , and others A BILL TO BE ENTITLED AN ACT

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LC 14 0447 SECTION 1. H. B. 401 -I-

By: Representatives Hatfield of the 177 th , Jerguson of the 22", Harden of the 28 th , Allison

1 To amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, 2 relating to elections, so as to enact the ''Presidential Eligibility Assurance Act"; to state

3 legislative intent; to define terms; to provide that no person shall be eligible for placement 4 on any ballot as a candidate for President or Vice President unless the Secretary of State shall

5 have received and approved adequate evidence of such person's eligibility for election to

6 such office; to provide what constitutes adequate evidence of eligibility and provide for the 7 time and manner of presentation of such evidence; to provide for review by the Secretary of 8 State; to authorize any elector of this state to challenge the qualifications of a candidate; to 9 provide for the adoption of rules and regulations; to provide that it shall be a criminal offense 10 for any presidential elector from this state to cast his or her electoral college vote for a 11 candidate who is not approved by the Secretary of State as having submitted adequate 12 evidence of eligibility; to provide for related matters; to repeal conflicting laws; and for other 13 purposes.

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16 Article I of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to 17 elections, is amended by adding a new Code section to read as follows: 18 "21-2-5. I .

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Assurance Act.'

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

(a) This Code section shall be known and may be cited as the 'Presidential Eligibility

(b) It is the intent of this Code section to ensure that in all elections and primaries held in this state no person shall be eligible for placement on any ballot as a candidate for President or Vice President unless the Secretary of State shall have received and approved

adequate evidence of such person's eligibility for election to such office: and such intent and the provisions ofthis Code section shall prevail over any conflicting provisions of any other law or regulation of this state.

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Exhibit P-1
Docket # 1215137


27
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(c) As used in this Code section, the term:

(1) 'Eligibility requirements' means the natural born citizenship. age, and residency

29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51

requirements prescribed by Article II, Section 1 of the United States Constitution for eligibility for the office of President or Vice President of the United States.

12) 'Evidence of eligibility' means an affidavit by a candidate stating that the candidate meets each of the eligibility requirements accompanied by and including:

(A) A certified exact copy of the candidate's first original long-form birth certificate that includes the candidate's date. time and place of birth the name of the specific

hospital or other location at which the candidate was born - the attending physician at the candidate's birth the names of the candidate's birth parents and their respective

birthplaces and places of residence - and signatures of the witness or witnesses in attendance at the candidate's birth. If the foregoing described certified exact copy of the candidate's first original long-form birth certificate is not attached and the candidate's affidavit indicates that a first original long-form birth certificate for the candidate does

not exist, the candidate shall attach certified exact copies of other original

documentation including, but not limited to the candidate's birth records, adoption records baptism records. Social Security records, medical records, school and college

records, military records. and passport records showing, either individually or collectively, that the candidate meets the natural born citizenship, age, and residency requirements prescribed by Article II Section 1 of the United States Constitution. The candidate shall not attach certified or other copies of nonorigi nal documents or records, (B) Recitations in the affidavit attesting that the candidate has never been a citizen of any country or nation other than the United States o f America; that the candidate has never held dual or multiple citizenship; and that the candidate has never owed allegiance to any country or nation other than the United States of America; and (C) Recitations in the affidavit that specifically identify the candidate's places of residence in the United States for at least the preceding 14 years.

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(d) When a state executive committee of a party notifies the Secretary of State of the

names of the candidates of the party to appear on the presidential preference primary ballot as provided for in Code Section 21-2-193, such notification shall be accompanied by evidence of eligibility of the candidates. (e) When a nomination petition of presidential electors for a candidate for President or Vice President is submitted to the Secretary of State as provided for in Code Sections

21-2-170 and 21-2-171, the nomination petition shall be accompanied by evidence of eligibility of the candidate.

(f) If any person becomes a candidate for election as President or Vice President at the general election without having previously submitted adequate evidence of eligibility under H. B. 401

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LC 14 0447

11 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84

LC 14 0447

subsection (d) or (e) of this Code section, the Secretary of State shall require the production of adequate evidence of eligibility before placing such person's name on any ballot.

(g) The Secretary of State shall review the evidence of eligibility submitted under subsection (d), (e), or (f) of this Code Section. The Secretary of State shall approve the evidence of eligibility as adequate or if the Secretary of State finds reasonable cause to

believe that any candidate does not meet the natural born citizenship. age. and residency requirements prescribed by Article II Section 1 of the United States Constitution. the Secretary of State shall not place such candidate's name on the ballot in this state.

( h) Evidence of eligibility submitted to the Secretary of State under this Code section shall

be a public document and shall be made available for public inspection and copying within one business day after it is filed with the Secretary of State.

(i) Within two weeks after any evidence of eligibility is filed with the Secretary of State,

any elector of this state may challenge the eligibility of the candidate submitting the evidence of eligibility in the manner prescribed by Code Section 21-2-5.

(j) The State Election Board may promulgate rules and regulations for the implementation

of this Code section in a manner consistent with the statement of intent in subsection ( b) of this Code section.

(k) It is unlawful for any presidential elector from this state to cast his or her electoral college vote for a candidate who is not approved by the Secretary of State as having

submitted adequate evidence of eligibility. Any person who violates this Code section shall upon conviction be guilty of a misdemeanor of a high and aggravated nature."

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86 All laws and parts of laws in conflict with this Act are repealed.

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SECTION 2.


GEORGIA DEMOCRATS
WINNING THE FUTURE November 1, 2011 The Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, CA 30334 Dear Secretary of State Kemp:

Pursuant to OCGA 21-1-193, the Executive Committee of the Democratic Party of Georgia authorized the transmittal of this letter to your office by Page K. Gleason, the Executive Director of the Democratic

This letter is to inform you of the candidates whose names should appear on the March 6 Democratic Presidential Preference Primary Ballot. The Democratic Party does not require petitions, signatures, or fees from candidates seeking presidential nomination. Candidates seeking to be listed on the Democratic Presidential Preference Primary Ballot should notify the Executive Committee in writing by October 31, 2011. One candidate has submitted such a letter, and his name will appear on the Democratic Presidential Primary Ballot: Barack Obama

If you have any questions, please contact Executive Director Page Gleason at 678-278-2012 ext. 302 or oagePgeorgiaciemocrat.org . Thank you,

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Mike > erlon Chair

Democratic Party of Georgia on behalf of the Executive Committee of the Democratic party of Georgia

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PAID FOR BY THE DEMOCRATIC PARTY OF GEORGIA POST OFFICE BOX 20442 ATLANTA, GA 30325 MIKE SERLON, CHAIR; NOCEMA WILLIAMS, FIRST VICECHAIR; RUSSELL EDWARDS, TREASURER; RJ HADLEY, VICE CHAIR; MIGUEL CAMACHO, VICE CHAIR; REP. PEDRO "PETE" MARIN, VICE CHAIR; LAVERNE GASIDNS, SECRETARY NOT AUTHORIZED BY ANY CANDIDATE OR CANDIDATE'S COMMITTEE WWW.GEORGIADEMS.ORG 678-2

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Party of Georgia, at their meeting on October 20, 2011.

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OSAH`VORM 1 Attaaiment No 3

Exhibit P-2
Docket # 1215137


http://www.lexisnexis.com/hottopics/gacocie/

*** Current Through the 2011 Regular Session **" *** Annotations Current Through April 22 ; 2011 *** TITLE 21. ELECTIONS CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY ARTICLE 1. GENERAL PROVISIONS O,C.G.A. 21-2-5 (2011)

21-2-5. Qualifications of candidates for federal and state office; determination of qualifications

(a) Every candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought.

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(c) The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the Secretary of State determines that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike such candidate's name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate's name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted. (d) In the event that a candidate pays his or her qualifying fee with a check that is subsequently returned for insufficient funds, the Secretary of State shall automatically find that such candidate has not met the qualifications for holding the office being sought, unless the bank, credit union, or other financial institution returning the check certifies in writing by an officer's or director's oath that the bank, credit union, or financial institution erred in returning the check. (e) The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the Secretary of State by filing a petition in the Superior Court of Fulton County within ten days after the entry of the final decision by the Secretary of State. The

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(b) The Secretary of State upon his or her own motion may challenge the qualifications of any candidate at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he or she is offering. Upon his or her own motion or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is requesting a hearing on the matter before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate of the date, time, and place of the hearing when such information becomes available. The administrative law judge shall report his or her findings to the Secretary of State.

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Exhibit P-3
Docket # 1215137


(1) In violation of the Constitution or laws of this state;

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filing of the petition shall not itself stay the decision of the Secretary of State; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the Secretary of State shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the Secretary of State as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the Secretary of State are:

(2) In excess of the statutory authority of the Secretary of State; (3) Made upon unlawful procedures; (4) Affected by other error of law;

(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion.

An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law.

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David P Welden

November 11, 2011

The Honorable Brian P. Kemp Secretary of State 214 State Capitol Atlanta, Georgia 30334

Re: Complaint, challenging the appearance of the name Barack Obama on the March 6 Democratic Presidential Preference Primary Ballot

I am a registered voter and elector at the above address in Cobb County, GA. Pursuant to 0.C.G.A. 21-2-5, I hereby challenge the Constitutional eligibility of Barack Obama to appear on the March 6 Democratic Presidential Preference Primary Ballot and/or on the November 6, 2012 general election ballot for President of The United States. This challenge is proper and ripe under 0.C.G.A. 21-2-5, as Barack Obama is a candidate for federal office who has been certified by the Executive Committee of the Democratic Party of Georgia in their letter of November 1, 2011, and as the deadline for notifying the Secretary of State of candidacy for the Presidential Primary is October 31, 2011, as set in O.C.G.A. 21-2-193. On information and belief, and in support of this challenge to Mr. Obama's eligibility, I respectfully show as follows:

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(1) (2)

The official state certified birth certificate proffered by Barack Obama contains a factual inconsistency and other anomalies that calls into question the veracity of the rest of the information contained within said document. Barack Obama has not adequately proven that he was born a natural born citizen of the United States.

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Dear Secretary of State Kemp,

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2011 NOV 15 PM 3: 1 0
6FFICE
5530 \N-rs-tcrk,-R-ati 27 Powder Springs;- GA '301: 770.943.2025
cl_pw61dgocirriaitcorn

Exhibit P-4
Docket # 1215137

(3)

Barack Obama's alleged father, Barack Obama, Sr., was never a citizen of the United States and, at the time of his son's birth, was not a permanent resident of the United States. Consequently, Barack Obama was born to only one parent who was a U.S. citizen or U.S. permanent resident. By his own admission, and under the British Nationality Act of 1948, Barack Obama was born a citizen of the United Kingdom and Colonies, and from 1963 until at least 1984 was also a citizen of the Republic of Kenya. Due to his dual citizenship with the United Kingdom and with Kenya, Barack Obama was born with dual allegiances to foreign nations other than the United States of America.

(4)

(5)

(6)

Such additional evidence as may be shown at the hearing of this case.

It therefore appears that Barack Obama does not meet the Constitutional requirements for seeking and holding the office of President of the United States because: (a)

Mr. Obama is not a natural born citizen, as required by Article II Section 1 of the United States Constitution.

Accordingly, I hereby challenge Mr. Obama's qualifications to seek and hold the office of President of the United States on these grounds. I respectfully request that you notify Mr. Obama of this challenge and that you request a hearing before a judge of the Office of State Administrative Hearings. Respectfully,

David P. Welden

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cc:

1. Original: Overnight delivery, November 14, 2011 2. 1st copy emailed, (jmonk), Nov. 11, 2011 3. 2nd copy faxed, (404) 656-0513, Nov. 14, 2011

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Sam Olens, Attorney General, via email

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IP.111171ATE OF HAWAII

CERTIFICATE OF LIVE BIRTH

lb, Middle Name

lid'. First Name (Type or print)

BARACK
8. Sea 3. This Birth 4.

Male
FI

Sin .lea Twin T Ictp .ee of Binht City, Town or Rural Location

CI

If Twin or Triplet, Sa, Wm Child Born Birth la ir s] 21141:3 3rdO D*te

Honolulu
Donal Residence of Mother: City, Town or Rural Location

or Institution (If not in hospital or institution, give Hetet addrem)

Kapiolani Maternity & Gynecological Hospital

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Honolulu
greet Address .1 -1,--

6085
7f. Motherlitailing Address

Kalenianaole Highway

8,

Full Name of Father

BARACK
10. Age of Father 11.

HUSSEIN
Ian.

Birthplace (bland

Fornaa CT.aarY

25
f,

-(enya, East Africa -:, ANN

Birthplace odmd, so..

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Full Maiden Name of Mother

STANLEY Is. ! 18

-i Age of Moth-et7 16.

or Fort;in Coamr0 -111a.

Wichita, Aansas
S.. '" tare . ' AlguillS. 19a. Signature

rectify that the sheer s t ated 18.. information is true and eorreet hp IF to the best of my knowledge,

Pare

or Other Informant sl,Z..--"/ ..4.4.111../Iwor"..

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i hereby certify that this thild wm bons alive on the date and hour mated

ttendant ,

above.

pp

20.

Dote Aeeepted by Local Reg. 21. OP

(.4'VIJZ Signature of Local Registrar

LP

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23.

Evidence for Delayed Filing or Alteration

P R 2 5 2011

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--------

DEPARTMENT OF HEALTH

NUMBER FILE 151

61. 10611

le. Loot Name

HUSSEIN

GHANA, II
Year

Month

Day

? Sb.

Hour

'

August

4,

1961

i 7:24 P. m,

6b.

Inland

Oahu

16d. I

7b.

Island

Is Place of Birth Inside City or Town Limit*? re edictal district Yes No 7e. County and state or Foreign Country

u"ke i 0

Oahu
7e.

Honolulu, Hawaii
Is Residence Inside City or Town Limits? If sublive Judicial district Testi No Ferro or Plantation! 7g. Is Residence on

9.

Yes Race of Fathe

No 1

OBAMA
121.. 14.

African
Kind of Bantam. or Industry

12 s ,

Un.*I 0, ..PIka.

Student DUNHAM

University
issor of Mother

Caucasian
17b. Date Last Worked

Type of Occupation Outside Home During Pregnancy

None
p.,..,

2 18b.
19b.

Date of Signature

ene ,17034.444.,-,

Oth sim

Date of Signature

..,

Mfe Other 22. 4:yn:opted by Reg. General

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Exhibit P-5
Docket # 1215137


Case Preview
Ful l'fe at o f

MINOR V. HAPPERSETT, 88 U. S. 162 (1874)

U.S. Supreme Court

Minor v. Happersett, 88 U.S. 21 Wall. 162 162 (1874)

Minor v. Happersett 88 U.S. (21 Wall.) 162 ERROR TO THE SUPREME COURT OF MISSOURI Syllabus

I. The word "citizen " is often used to convey the idea of membership in a nation. 2. In that sense, women, if born of citizen parents within the jurisdiction of the United States, have always been considered citizens of the United states, as much so before the adoption of the Fourteenth Amendment to the Constitution as since. 3. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the Fourteenth Amendment, and that amendment does not add to these privileges and immunities. It simply furnishes additional guaranty for the protection of such as the citizen already had. 4. At the time of the adoption of that amendment, suffrage was not coextensive with the citizenship of the states; nor was it at the time of the adoption of the Constitution. Page 88 U. S. 163

6. A provision in a state constitution which confines the right of voting to "male citizens of the United States" is no violation of the federal Constitution. In such, a state women have no right to vote.

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5. Neither the Constitution nor the Fourteenth Amendment made all citizens voters.

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The Fourteenth Amendment to the Constitution of the United States, in its first section, thus ordains:

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. Nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws." And the Constitution of the State of Missouri [Footnote 21 thus ordains:

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IFootn

Exhibit P-6
Docket # 1215137


"Every male citizen of the United States shall be entitled to vote."

Under a statute of the state, all persons wishing to vote at any election, must previously have been registered in the manner pointed out by the statute, this being a condition precedent to the exercise of the elective franchise. In this state of things, on the 15th of October, 1872 (one of the days fixed by law for the registration of voters), Mrs. Virginia Minor, a native-born free white citizen of the United States and of the State of Missouri over the age of twenty-one years wishing to vote for electors for President and Vice-President of the United States and for a representative in Congress and for other officers at the general election held in November, 1872, applied to one Elappersett, the registrar of voters, to register her as a lawful voter, which he refused to do, assigning for cause that she was not Page 88 U. S. 164

a "male citizen of the United States," but a woman. She thereupon sued him in one of the inferior state courts of Missouri for willfully refusing to place her name upon the list of registered voters, by which refusal she was deprived of her right to vote. The registrar demurred, and the court in which the suit was brought sustained the demurrer and gave judgment in his favor, a judgment which the supreme court affirmed. Mrs. Minor now brought the case here on error.

THE CHIEF JUSTICE delivered the opinion of the Court.

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Page 88 U. S. 166

There is no doubt that women may be citizens. They are persons, and by the Fourteenth Amendment "all persons born or naturalized in the United States and subject to the jurisdiction thereof' are expressly declared to be "citizens of the United States and of the state wherein they reside." But in our opinion it did not need this amendment to give them that position. Before its adoption, the Constitution of the United States did not in terms prescribe who should be citizens of the United States or of the several states, yet there were necessarily such citizens without such provision. There cannot be a nation without a people. The very idea of a political
community such as a nation is implies an

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It is contended that the provisions of the constitution and laws of the State of Missouri which confine the right of suffrage and registration therefor to men are in violation of the Constitution of the United States, and therefore void. The argument is that as a woman, born or naturalized in the United States and subject to the jurisdiction thereof, is a citizen of the United States and of the state in which she resides, she has the right of suffrage as one of the privileges and immunities of her citizenship which the state cannot by its laws or constitution abridge.

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The question is presented in this case whether, since the adoption of the Fourteenth Amendment, a woman who is a citizen of the United States and of the State of Missouri is a voter in that state notwithstanding the provision of the constitution and laws of the state which confine the right of suffrage to men alone. We might, perhaps, decide the case upon other grounds, but this question is fairly made. From the opinion, we find that it was the only one decided in the court below, and it is the only one which has been argued here. The case was undoubtedly brought to this Court for the sole purpose of having that question decided by us, and in view of the evident propriety there is of having it settled, so far as it can be by such a decision, we have concluded to waive all other considerations and proceed at once to its determination.

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Page 88 U. S. 165

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association of persons for the promotion of their general welfare. Each one of the persons associated becomes a member of the nation formed by the association. He owes it allegiance and is entitled to its protection. Allegiance and protection are in this connection reciprocal obligations. The one is a compensation for the other; allegiance for protection and protection for allegiance. For convenience, it has been found necessary to give a name to this membership. The object is to designate by a title the person and the relation he bears to the nation. For this purpose, the words "subject," "inhabitant," and "citizen" have been used, and the choice between them is sometimes made to depend upon the form of the government. Citizen is now more commonly employed, however, and as it has been considered better suited to the description of one living under a republican government, it was adopted by nearly all of the states upon their separation from Great Britain, and was afterwards adopted in the Articles of Confederation and in the Constitution of the United States. When used in this sense, it is understood as conveying the idea of membership of a nation, and nothing more. To determine, then, who were citizens of the United States before the adoption of the amendment, it is necessary to ascertain what persons originally associated themselves together to form the nation and what were afterwards admitted to membership. Looking at the Constitution itself, we find that it was ordained and established by the people of the United States," [Footnote 3] and then going further back, we find that these were the people of the several states that had before dissolved the political bands which connected them with Great Britain and assumed a separate and equal station among the powers of the earth. [Footnote 4] and that had by Articles of Confederation and Perpetual Union, in which they took the name of "the United States of America," entered into a firm league of Page 88 U. S. 167

Whoever, then, was one of the people of either of these states when the Constitution of the United States was adopted became ipso facto a citizen -- a member of the nation created by its adoption. He was one of the persons associating together to form the nation, and was consequently one of its original citizens. As to this there has never been a doubt. Disputes have arisen as to whether or not certain persons or certain classes of persons were part of the people at the time, but never as to their citizenship if they were. Additions might always be made to the citizenship of the United States in two ways: first, by birth, and second, by naturalization. This is apparent from the Constitution itself, for it provides [Footnote 6] that "No person except a natural-born citizen or a citizen of the United States at the time of the adoption of the Constitution shall be eligible to the office of President, [Footnote 7]"

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and that Congress shall have power "to establish a uniform rule of naturalization." Thus, new citizens may be born or they may be created by naturalization. The Constitution does not in words say who shall be natural-born citizens. Resort must be had elsewhere to ascertain that. At common law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their

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friendship with each other for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other against all force offered to or attack made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever. [Footnote 5]

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Page 88 U. S. 168 parents. As to this class there have been doubts, but never as to the first. For the purposes of this case, it is not necessary to solve these doubts. It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens. The words "all children" are certainly as comprehensive, when used in this connection, as "all persons," and if females are included in the last, they must be in the first. That they are included in the last is not denied. In fact, the whole argument of the plaintiffs proceeds upon that idea. Under the power to adopt a uniform system of naturalization, Congress, as early as 1790, provided "that any alien, being a free white person," might be admitted as a citizen of the United States, and that the children of such persons so naturalized, dwelling within the United States, being under twenty-one years of age at the time of such naturalization, should also be considered citizens of the United States, and that the children of citizens of the United States that might be born beyond the sea, or out of the limits of the United States, should be considered as natural-born citizens. [Footnote 8] These provisions thus enacted have in substance been retained in all the naturalization laws adopted since. In 1855, however, the last provision was somewhat extended, and all persons theretofore born or thereafter to be born out of the limits of the jurisdiction of the United States, whose fathers were or should be at the time of their birth citizens of the United States were declared to be citizens also. [Floie 0] As early as 1804 it was enacted by Congress that when any alien who had declared his intention to become a citizen in the manner provided by law died before he was actually naturalized, his widow and children should be considered as citizens of the United States and entitled to all rights and privileges as such upon taking the necessary oath; [Footnote 1_0] and in 1855 it was further provided that any woman who might lawfully be naturalized under the existing laws, married, or Page 88 U. S. 169

who should be married to a citizen of the United States should be deemed and taken to be a citizen.

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[Footnote

From this it is apparent that from the commencement of the legislation upon this subject, alien women and alien minors could be made citizens by naturalization, and we think it will not be contended that this would have been done if it had not been supposed that native women and native minors were already citizens by birth. But if more is necessary to show that women have always been considered as citizens the same as men, abundant proof is to be found in the legislative and judicial history of the country. Thus, by the Constitution, the judicial power of the United States is made to extend to controversies between citizens of different states. Under this, it has been uniformly held that the citizenship necessary to give the courts of the United States jurisdiction of a cause must be affirmatively shown on the record. Its existence as a fact may be put in issue and tried. If found not to exist, the case must be dismissed. Notwithstanding this, the records of the courts are full of cases in which the jurisdiction depends upon the citizenship of women, and not one can be found, we think, in which objection was made on that account. Certainly none can be found in which it has been held that women could not sue or be sued in the courts of the United States. Again, at the time of the adoption of the Constitution, in many of the states (and in some probably now) aliens could not inherit or transmit inheritance. There are a multitude of cases to be found in which the question has been presented whether a woman was or was not an alien, and as such capable or incapable of inheritance, but in no one has it been insisted that she was not a citizen because she was a woman. On the contrary, her right to citizenship has been in all cases assumed. The only question has been whether, in the particular case under consideration, she had availed herself of the right. In the legislative department of the government, similar

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DAVID P. WELDEN, Plaintiff, v. BARACK OBAMA, Defendant.

OFFICE OF STATE ADMINISTRATIVE HEARINGS STATE OF GEORGIA

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Docket Number: OSAH-SECSTATE-CE1215137-60-MALIHI ORDER MICHAEL M. MALIHI, Judge

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SO ORDERED, December 1, 2011.

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Plaintiff's unopposed request to continue is granted. Plaintiff's Pre-trial order and amended complaint, if any, are due December 9, 2011. Defendant's Pretrial order is due December 19, 2011. If necessary, the hearing will be held January 16-18, 2012 in Atlanta. No other continuances will be granted without good cause.