CARSON SUPPORTER FILES TO OUST TED CRUZ FROM ILLINOIS GOP PRIMARY BALLOT

[Mixin]

SATURDAY, JANUARY 23, 2016

SPRINGFIELD - Donald Trump has threatened to initiate such a lawsuit, but he may have been beat to the punch - right here in Illinois. An objection to U.S. Senator Ted Cruz's qualifications to run for president on the Illinois Republican ballot could send shockwaves nationwide if it is sustained by the Illinois State Board of Elections next week.

Lawrence J. Joyce, an attorney and practicing pharmacist from Poplar Grove, says Cruz is not a natural born citizen as the Constitution requires, but is instead "naturalized" citizen born in the Canadian province of Alberta in 1970. That disqualifies him from running for president.

Joyce said in a statement published Friday in WorldNetDaily:

“Sen. Ted Cruz was born in Canada. He has been a U.S. citizen since birth, but that was by statute. The Constitution requires one to be a ‘natural born’ citizen in order to be president. And the governing case law of the U.S. Supreme Court and the whole history of the law points to the conclusion that Ted Cruz is not a natural born citizen.

What is worse, is that Sen. Cruz has known about this problem for a long time now. Yet he has not even made any effort to clarify this in any formal setting, though he could have at least done that.

Sen. Cruz has been whistling past the graveyard all along. That he should happen to do so within the thoughts of his own mind would be one thing, but that he should now drag the entire Republican Party through a potential nightmare simply because of his negligence, his own private, wishful thinking and his lack of due diligence is inexcusable.

Joyce’s motion was filed on Friday with James Tenuto, assistant executive director of the Illinois State Board of Elections.

Joyce says he believes Dr. Ben Carson would be a better Republican nominee and president. He also is concerned that a lawsuit filed by the Democrats against Cruz could result in a Republican establishment takeover of the nomination process.

Cruz' attorney from Illinois - Sharee Langenstein - will have until January 25th to respond to Joyce's complaint.

At that time, the State Board of Elections will need to decide whether to allow Cruz on Illinois March 15th Republican primary ballot.

Several other presidential candidates - from both Democrat and Republican parties - have outstanding objections that must be decided by the Board next week.

http://illinoisreview.typepad.com/i...idates-challenged-for-march-15th-primary.html

******************

THURSDAY, JANUARY 14, 2016

DEMOCRAT, GOP PRESIDENTIAL CANDIDATES CHALLENGED FOR MARCH 15TH PRIMARY

SPRINGFIELD - The Illinois State Board of Elections will have several petition challenges to consider for the March 15th GOP and Democrat presidential primaries.

Objections to the petitions of Democrat candidates Hillary Clinton, Roque "Rocky" de La Fuente, Bernie Sanders, Martin O'Malley and Larry (Lawrence Cohen) were filed Wednesday, the last day to raise objections.

Republicans Marco Rubio and Ted Cruz's petitions are also being challenged. William Graham of Glen Ellyn Illinois is challenging both Rubio and Cruz, and Lawrence Joyce of Poplar Grove Illinois is also challenging Cruz's qualifications to be on the Illinois GOP ballot.

http://illinoisreview.typepad.com/i...idates-challenged-for-march-15th-primary.html

 

[Red Baron]

Lawrence J. Joyce, an attorney and practicing pharmacist from Poplar Grove, . . .

I do not believe this person has legal "standing" to file a suit.

Past rulings have dictated that a person must be directly impacted in order to file a suit.

Typically another candidate has to file suit just to get the process started.

 

[Mixin]

So is she doing it for Carson publicity or is she ignorant of the law?

 

[Snyper]

It's for the publicity since everyone already knows Cruz is eligible

 

[Be Well]

I do not believe this person has legal "standing" to file a suit.

Past rulings have dictated that a person must be directly impacted in order to file a suit.

Typically another candidate has to file suit just to get the process started.

And we all know the lack of standing is bullshit because every American citizen got "impacted" by the current non-NBC fake pres.

 

[Illini Warrior]

well, something interesting for the IL primary - by March 15th nobody cares anymore

 

[NoName]

If Cruz is a "citizen by stature" as presumed on the part of the filer..how is that different from say, McCain or Romney..who both were "stature" citizens. I don't think this guy has a hope in hell of obtaining favor in his quest. My oldest son was born abroad, on a US military installation...but because of an error on my part..he was considered a foreign national until I presented the proper paperwork to the American Consulate. Royal PIA, but once done son had dual citizenship until his 21st BD.

 

[packyderms_wife]

It's for the publicity since everyone already knows Cruz is eligible

How can he be eligible? His father was NOT a US Citizen at the time of his birth and the constitution clearly states that both parents MUST be US citizens at the time of the candidates birth! His father did not become a naturalized citizen until 2005!!!

 

[packyderms_wife]

If Cruz is a "citizen by stature" as presumed on the part of the filer..how is that different from say, McCain or Romney..who both were "stature" citizens. I don't think this guy has a hope in hell of obtaining favor in his quest. My oldest son was born abroad, on a US military installation...but because of an error on my part..he was considered a foreign national until I presented the proper paperwork to the American Consulate. Royal PIA, but once done son had dual citizenship until his 21st BD.

He can't claim "citizen by stature" because his father did not become a naturalized citizen UNTIL 2005! McCain's and Romney's parents were both US Citizens at the time of their births.

And as such neither Rubio nor Jindal are qualified to run as POTUS! If this is allowed and he wins the election you can bet your bippy that we will end up with a immigrant/refugee as candidate in the next election.

Goodbye constitution!

 

[packyderms_wife]

Apparently we have all of these lawyers running for president who have studied the constitution and don't have a friggin idea as to what's really in it, no they rely on news articles and the heritage foundation to translate the meaning of the constitution for them. dumbasses.

Constitutional Topic: Citizenship

The Constitutional Topics pages at the USConstitution.net site are presented to delve deeper into topics than can be provided on the Glossary Page or in the FAQ pages. This Topic Page concerns Citizenship. Citizenship is mentioned in Article 1, Section 2, Article 1, Section 3, Article 1, Section 8, Article 2, Section 1, and in the 14th Amendment and several subsequent amendments.

If you're going to be involved in government in the United States, citizenship is a must. To be a Senator or Representative, you must be a citizen of the United States. To be President, not only must you be a citizen, but you must also be natural-born. Aside from participation in government, citizenship is an honor bestowed upon people by the citizenry of the United States when a non-citizen passes the required tests and submits to an oath.

Natural-born citizen

Who is a natural-born citizen? Who, in other words, is a citizen at birth, such that that person can be a President someday?

The 14th Amendment defines citizenship this way: "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." But even this does not get specific enough. As usual, the Constitution provides the framework for the law, but it is the law that fills in the gaps.

The Constitution authorizes the Congress to do create clarifying legislation in Section 5 of the 14th Amendment; the Constitution, in Article 1, Section 8, Clause 4, also allows the Congress to create law regarding naturalization, which includes citizenship.

Currently, Title 8 of the U.S. Code fills in the gaps left by the Constitution. Section 1401 defines the following as people who are "citizens of the United States at birth:"

•Anyone born inside the United States *
•Any Indian or Eskimo born in the United States, provided being a citizen of the U.S. does not impair the person's status as a citizen of the tribe
•Any one born outside the United States, both of whose parents are citizens of the U.S., as long as one parent has lived in the U.S.
•Any one born outside the United States, if one parent is a citizen and lived in the U.S. for at least one year and the other parent is a U.S. national (Cruz's father was not naturalized until 2005, meaning he was NOT a US national).

•Any one born in a U.S. possession, if one parent is a citizen and lived in the U.S. for at least one year
•Any one found in the U.S. under the age of five, whose parentage cannot be determined, as long as proof of non-citizenship is not provided by age 21
•Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time) His mother wasn't military, so was she working for the company during her tenure in Canada and the computer company was a front?
•A final, historical condition: a person born before 5/24/1934 of an alien father and a U.S. citizen mother who has lived in the U.S.

* There is an exception in the law — the person must be "subject to the jurisdiction" of the United States. This would exempt the child of a diplomat, for example, from this provision.

Anyone falling into these categories is considered natural-born, and is eligible to run for President or Vice President. These provisions allow the children of military families to be considered natural-born, for example.

Separate sections handle territories that the United States has acquired over time, such as Puerto Rico (8 USC 1402), Alaska (8 USC 1404), Hawaii (8 USC 1405), the U.S. Virgin Islands (8 USC 1406), and Guam (8 USC 1407). Each of these sections confer citizenship on persons living in these territories as of a certain date, and usually confer natural-born status on persons born in those territories after that date. For example, for Puerto Rico, all persons born in Puerto Rico between April 11, 1899, and January 12, 1941, are automatically conferred citizenship as of the date the law was signed by the President (June 27, 1952). Additionally, all persons born in Puerto Rico on or after January 13, 1941, are natural-born citizens of the United States. Note that because of when the law was passed, for some, the natural-born status was retroactive.

The law contains one other section of historical note, concerning the Panama Canal Zone and the nation of Panama. In 8 USC 1403, the law states that anyone born in the Canal Zone or in Panama itself, on or after February 26, 1904, to a mother and/or father who is a United States citizen, was "declared" to be a United States citizen. Note that the terms "natural-born" or "citizen at birth" are missing from this section.

In 2008, when Arizona Senator John McCain ran for president on the Republican ticket, some theorized that because McCain was born in the Canal Zone, he was not actually qualified to be president. However, it should be noted that section 1403 was written to apply to a small group of people to whom section 1401 did not apply. McCain is a natural-born citizen under 8 USC 1401(c): "a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person." Not everyone agrees that this section includes McCain — but absent a court ruling either way, we must presume citizenship.

U.S. Nationals

A "national" is a person who is considered under the legal protection of a country, while not necessarily a citizen. National status is generally conferred on persons who lived in places acquired by the U.S. before the date of acquisition. A person can be a national-at-birth under a similar set of rules for a natural-born citizen. U.S. nationals must go through the same processes as an immigrant to become a full citizen. U.S. nationals who become citizens are not considered natural-born.

Becoming a citizen

A non-citizen may apply to become a citizen of the United States. At no time will such a person ever be considered natural-born (unless the U.S. Code is changed in some way). The process to become a citizen involves several steps, including applying to become and becoming a permanent resident (previously known as a resident alien), applying to become and becoming naturalized, and finally taking the Oath of Allegiance to the United States. Children of naturalized U.S. citizens generally become citizens automatically, though they will also not be considered natural-born. There is a time constraint before a permanent resident can apply for naturalization, generally either 3 or 5 years. The other requirements are that there be a minimum length of time in a specific state or district, successful completion of a citizenship exam, ability to read, write, and speak English, and good moral character.

The Oath of Allegiance to the United States

The following is the text of the Oath of Allegiance:

I hereby declare, on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen;
that I will support and defend the Constitution and the laws of the United States of America against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same;
that I will bear arms on behalf of the United States when required by the law;
that I will perform noncombatant service in the Armed Forces of the United States when required by the law;
that I will perform work of national importance under civilian direction when required by the law; and
that I take this obligation freely, without any mental reservation or purpose of evasion; so help me God.


Losing your citizenship
For a natural-born citizen, losing your citizenship is actually quite difficult. The law prohibits the taking of your citizenship against your will, but there are certain actions a citizen can take which are assumed to be a free-will decision that constitutes a voluntary renunciation of the citizenship.

Moving to another country for an extended period of time does not constitute an act that presumes renunciation. Neither does taking a routine-level job with a foreign government. This stand is quite different from U.S. policy of the past, where even being naturalized in another nation could be seen as renunciation. The sections of the law that pertained to losing ones nationality for many of these cases was found at 8 USC 1482 and related sections.

The U.S. Code does, however, see some acts as creating the possibility of a loss of nationality. When you lose your U.S. nationality, you are no longer under the protection or jurisdiction of the United States. When the United States considers you to no longer be of U.S. nationality, it in effect considers you to no longer be a citizen. Note that these are things you can do that may force you to lose your citizenship. The law also says that these acts must be voluntary and with the intent of losing U.S. citizenship. The ways to lose citizenship are detailed in 8 USC 1481:
•Becoming naturalized in another country
•Swearing an oath of allegiance to another country
•Serving in the armed forces of a nation at war with the U.S., or if you are an officer in that force
•Working for the government of another nation if doing so requires that you become naturalized or that you swear an oath of allegiance
•Formally renouncing citizenship at a U.S. consular office
•Formally renouncing citizenship to the U.S. Attorney General
•By being convicted of committing treason

 

[jazzy]

i would much rather the courts settling this prior to election time than have to have cruz elected and lawsuits filed all over the place afterwards and cause more problems and doubts. i have read lawyers discuss both sides, so honestly i do not know if he can qualify or not.

so bring it to the courts right now and deal with it. if cruz is going to be legally disqualified, it needs to be done now. if it clears his path, then it also needs to be done now.

 

[packyderms_wife]

i would much rather the courts settling this prior to election time than have to have cruz elected and lawsuits filed all over the place afterwards and cause more problems and doubts. i have read lawyers discuss both sides, so honestly i do not know if he can qualify or not.

so bring it to the courts right now and deal with it. if cruz is going to be legally disqualified, it needs to be done now. if it clears his path, then it also needs to be done now.

Lawyer's can argue all they want, the constitution is very clear on this topic. And yes it need to be settled now because if he's the candidate and Hillary is the candidate the left WILL shred him to pieces over this topic and rightly so.

 

[shinerbock]

By the time of the IL primary Carson will be history, a footnote @ best.

 

[Snyper]

How can he be eligible? His father was NOT a US Citizen at the time of his birth and the constitution clearly states that both parents MUST be US citizens at the time of the candidates birth! His father did not become a naturalized citizen until 2005!!!

The Constitution doesn't say "both parents"
You're referring to part of the US Code

This part says he's eligible:

Any one born outside the United States, if one parent is an alien and as long as the other parent is a citizen of the U.S. who lived in the U.S. for at least five years (with military and diplomatic service included in this time)

 

[homecanner1]

This primary season in Illinois is shaping up to be a real barn burner, what with the threat of a ballot Rahm recall too.

Let us know what we can do to suggest more monkey wrenches!

 

[tiger13]

I do not believe this person has legal "standing" to file a suit.

Past rulings have dictated that a person must be directly impacted in order to file a suit.

Typically another candidate has to file suit just to get the process started.

Not that I really give a hoot, but if the guy is a citizen of the United States, would not that give him standing because whoever is elected President SURE WOULD DIRECTLY EFFECT HIM?

 

[Be Well]

The Constitution doesn't say "both parents"
You're referring to part of the US Code

This part says he's eligible:

The Constitution doesn't define natural born citizen. There's a nice thread about it in the POL forum, lots of info. Many contemporaneous quotes, if anyone is interested to learn what the founders mean by the words "natural born citizen" and exactly why they required the Pres and VP to be NBC when senators and representatives didn't have to be. Learning is good.

http://www.timebomb2000.com/vb/show...nces-when-dealing-with-quot-Natural-Born-quot

The Elephant in the Constitution that No One References when dealing with "Natural Born"

 

[Shacknasty Shagrat]

i would much rather the courts settling this prior to election time than have to have cruz elected and lawsuits filed all over the place afterwards and cause more problems and doubts. i have read lawyers discuss both sides, so honestly i do not know if he can qualify or not.

so bring it to the courts right now and deal with it. if cruz is going to be legally disqualified, it needs to be done now. if it clears his path, then it also needs to be done now.

That was Mr. Trumps suggestion. A declaratory judgement, not a lawsuit, should be explored first. The problems with standing go away.
Venue and court are more flexible.
The suggestion was construed as an attack on Mr. Cruz. I see it as good business judgement as it could prevent all this speculative horseradish from non-judges.
Otherwise, Mz Pelosi will challenge his electoral votes in the House, if he does receive a majority of them. Then the Constitutional process takes over with the outcome decided by the Democrats and Mainstream Republicans.
SS

 

[packyderms_wife]

The Constitution doesn't say "both parents"
You're referring to part of the US Code

This part says he's eligible:

What you just quoted is a part of that so called code you told me was useless! His mother was NOT working for the military and she was NOT a spook or at least we haven't been told she was one, and she was not working for the US gov't in any way shape or form, therefore he's not qualified!

 

[Palmetto]

How can he be eligible? His father was NOT a US Citizen at the time of his birth and the constitution clearly states that both parents MUST be US citizens at the time of the candidates birth! His father did not become a naturalized citizen until 2005!!!

Where does it say that? Direct quote please.

Palmetto

 

[pinkelsteinsmom]

He was born in Canada, I do not care if both his parents were GODS, he does not qualify and in fact, he should not even be in the Senate.

 

[rhughe13]

He was born in Canada, I do not care if both his parents were GODS, he does not qualify and in fact, he should not even be in the Senate.

If we annex in Canada for a few months, would that make you happy? lol

 

[Jonas Parker]

I'm more afraid of Heidi Cruz than I am of Ted. Wander on over to Lame Cherry and you'll see the CFR connection in detail.

 

[Illini Warrior]

If we annex in Canada for a few months, would that make you happy? lol

I don't think we need the whole thing .... maybe Toronto and that stretch west of Toronto .... we could ship in some Detroit - maybe some Flinters - "homesteaders" to give the area some flavor .... we really never paid them back for being on the wrong side in the Revolutionary War ....