The Birfer State Law Tracking Thread

[Toro]

The birfers seem to be pretty confident that at least one state will pass a law requiring Presidential candidates to produce their long-form birth certificates. This thread is to keep track of the bills in those states. Post all info, pro and con, about the state bills here.

A n00b recently told us that there are such bills currently before 11 state legislatures across the country. Those states are

Oklahoma
Tennessee
Missouri
Arizona
Hawaii
Texas
Indiana
Montana
Connecticut
Nebraska
Maine

Wikipedia has the first 10.

Barack Obama citizenship conspiracy theories - Wikipedia, the free encyclopedia

Sheldon supplied Maine.

HP0027, LD 34, item 1, An Act To Require Candidates for Public Office To Provide Proof of Citizenship

Sheldon ponders if xotoxi is behind it. I think that merits investigation.

Anyways, we can strike Arizona from that list. It appears that the bill died in the Senate committee, with two Republicans voting with three Democrats to kill the bill.

It doesn't look like Barack Obama will need to get his original birth certificate to state officials to be on the presidential ballot in Arizona next year.

On a 5-3 vote Monday, the Senate Judiciary Committee defeated SB 1526 which would let Arizona impose its own requirements on what someone needs to prove before being on the ballot in the state. Three Republicans voted with the two Democrats on the panel to kill the plan offered by Sen. Ron Gould, R-Lake Havasu City.

Virtually identical legislation was introduced in the House in the form of HB 2544. But that measure has never gotten a hearing. ...

"I think it's inappropriate for the state of Arizona to establish its own criteria for a federal office that goes beyond what the (U.S.) Constitution requires," said Sen. John McComish, R-Phoenix. And Sen. Adam Driggs, R-Phoenix, said this could create a situation where each of the 50 states would be screening presidential candidates using different standards.

Presidential candidates won't need to show birth certificate for Arizona ballot - East Valley Tribune: Arizona

Driggs and McComish are Republicans on the Arizona Senate Judiciary Committee.

http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/50leg/1R/comm_min/Senate/021411JUD.DOC.htm

 

[Toro]

Here is the description of what happened in the Arizona Judiciary Committee.

Arizona Birther Bill Fails To Pass Senate Committee « GrateWire

As one blogger noted

The bill isn't "dead" until the end of the session (it can come back as a strike-everything amendment to another bill at any time), but this is a stinging defeat for Gould.

http://www.blogforarizona.com/blog/...paign=Feed:+BlogForArizona+(Blog+For+Arizona)

 

[Toro]

Thus far, the birfer bill has not come back as a Strike Everything amendment.

Strike Everything Amendments

 

[Sheldon]

Good call on the thread.

I want to do Missouri. It's just a great example of how birfer politics operates.



In 2009, some Republicans in their legislature introduced HRJ 34, a proposed state constitutional amendment, and what they called "the voters' bill of rights". Here's the relevant part:

The right to have only qualified candidates placed on the ballot. The secretary of state shall determine that each person is qualified for the office he or she seeks, according to the law, before placing his or her name on the ballot. For candidates who are required by the Constitution of the United States to be natural born citizens, the secretary of state shall request an official copy of the candidate’s birth certificate. Other certifications, such as a certificate of live birth, shall not be accepted. Should any candidate fail to provide an official birth certificate within thirty days of the request by the secretary of state, his or her name shall not be placed on the ballot. The secretary of state shall verify the qualifications of any elected officeholder who was previously placed on a Missouri ballot. Should any elected officeholder fail to provide the required documentation or birth certificate within thirty days of the request by the secretary of state, the secretary of state shall turn the matter over to the attorney general who shall within twenty days file suit to obtain the required documentation.

Missouri Legislature Wants To Vet Obama BC: HJR 34 | Ron Paul 2012 | Sound Money, Peace and Liberty

After the jump, if you click on the link to the bill's text, you see it's been withdrawn. Why? Because the authors of the bill realized that Missouri ONLY issues COLBs. That bill would have excluded any Missourian from being on their own state's ballot for President! There's not enough bandwidth for the number of lol's I want to post because of that.


So there's a new bill that's been introduced.
Missouri House of Representatives


HTML text:http://house.mo.gov/billtracking/bills111/biltxt/intro/HB0283I.htm

The relevant sentences are bolded. What's different? This one, which has yet to be heard, makes no distinction about an "official birth cerfiticate" and a COLB, like the debacle above. All that's listed is "proof of identity and proof of United States citizenship for each candidate", which means Obama's COLB and, say, driver's license would be good enough.



Birfers, the gifts that keep on giving.

 

[Toro]

Thanks Silky. I owe you rep for that.

So I guess we can scratch Missouri off that list, eh?

 

[Sheldon]

As far as Oklahoma is concerned, I can't find any bill in this legislative session addressing proof of citizenship for being on the Presidential ballot. Nearest I can find is a bill that attempts to redefine state citizenship by closing the "anchor baby loophole" in the 14th. Imo that brings up some pretty major Constitutional issues, but that's for another thread, and doesn't directly address Presidential eligibility.


eta-- http://www.scribd.com/doc/47903325/OK-SB384-2011-Shortey , http://www.scribd.com/doc/47903322/OK-SB91-2011-Brinkley , http://www.scribd.com/doc/48030753/OK-SB540-2011-Sykes

But I also wonder about the Constitutionality of some of these bills, how they would work within the Full Faith & Credit clause. Can, for example, xotoxi's bill in Maine reject vetted, official documents from the state of Hawaii and declare that person to not be an American citizen?

 

[rightwinger]

Good call on the thread.

I want to do Missouri. It's just a great example of how birfer politics operates.



In 2009, some Republicans in their legislature introduced HRJ 34, a proposed state constitutional amendment, and what they called "the voters' bill of rights". Here's the relevant part:

The right to have only qualified candidates placed on the ballot. The secretary of state shall determine that each person is qualified for the office he or she seeks, according to the law, before placing his or her name on the ballot. For candidates who are required by the Constitution of the United States to be natural born citizens, the secretary of state shall request an official copy of the candidate’s birth certificate. Other certifications, such as a certificate of live birth, shall not be accepted. Should any candidate fail to provide an official birth certificate within thirty days of the request by the secretary of state, his or her name shall not be placed on the ballot. The secretary of state shall verify the qualifications of any elected officeholder who was previously placed on a Missouri ballot. Should any elected officeholder fail to provide the required documentation or birth certificate within thirty days of the request by the secretary of state, the secretary of state shall turn the matter over to the attorney general who shall within twenty days file suit to obtain the required documentation.

Missouri Legislature Wants To Vet Obama BC: HJR 34 | Ron Paul 2012 | Sound Money, Peace and Liberty

After the jump, if you click on the link to the bill's text, you see it's been withdrawn. Why? Because the authors of the bill realized that Missouri ONLY issues COLBs. That bill would have excluded any Missourian from being on their own state's ballot for President! There's not enough bandwidth for the number of lol's I want to post because of that.


So there's a new bill that's been introduced.
Missouri House of Representatives


HTML text:http://house.mo.gov/billtracking/bills111/biltxt/intro/HB0283I.htm

The relevant sentences are bolded. What's different? This one, which has yet to be heard, makes no distinction about an "official birth cerfiticate" and a COLB, like the debacle above. All that's listed is "proof of identity and proof of United States citizenship for each candidate", which means Obama's COLB and, say, driver's license would be good enough.



Birfers, the gifts that keep on giving.

Does that mean that Truman was not qualified to be President?

 

[Sheldon]

Thanks Silky. I owe you rep for that.

So I guess we can scratch Missouri off that list, eh?

Yeah I think so. I'm not a lawyer or anything like that, but the bill is pretty short and straight-forward. His COLB will be good enough, as it should be, and I suspect these other bills will end-up having their teeth yanked out too, if not through the legislative process then through the courts.

 

[Toro]

It seems that the sponsor of the bill in Maine is attempting to distance himself from the birfers.

Rep. Richard Cebra, R-Naples, is sponsoring LD 34, which as written would require public office candidates to show birth certificates in addition to driver's licenses or other government-issued identification documents to the Secretary of State's Office before qualifying for the ballot. ...

After the hearing, Cebra said the bill was not related to the proliferation of so-called "birther" bills that have been advanced by GOP legislators in other states, a series of proposals driven by questions about Obama's citizenship.

"I have no interest in the birther idea, although it did raise the questions about the House and Senate candidates," Cebra said.

Secretary of state backs bill requiring proof of citizenship to run for state office | State

This is what the bill says.

A candidate for nomination by primary election must file a primary petition and consent under sections 335 and 336. The candidate must be enrolled, on or before March 15th, in the party named in the petition and must be eligible to file a petition as a candidate for nomination by primary election under section 144, subsection 3. The registrar in the candidate's municipality of residence must certify to that fact on a form designed by the Secretary of State. A candidate for nomination by primary election shall show proof of United States citizenship in the form of a certified copy of the candidate's birth certificate and the candidate's driver's license or other government-issued identification to the Secretary of State.

HP0027, LD 34, item 1, An Act To Require Candidates for Public Office To Provide Proof of Citizenship

What am I missing here? It appears that the bill does ask for the long-form birth certificate, or am I wrong?

 

[del]

The birfers seem to be pretty confident that at least one state will pass a law requiring Presidential candidates to produce their long-form birth certificates. This thread is to keep track of the bills in those states. Post all info, pro and con, about the state bills here.

A n00b recently told us that there are such bills currently before 11 state legislatures across the country. Those states are

Oklahoma
Tennessee
Missouri
Arizona
Hawaii
Texas
Indiana
Montana
Connecticut
Nebraska
Maine

Wikipedia has the first 10.

Barack Obama citizenship conspiracy theories - Wikipedia, the free encyclopedia

Sheldon supplied Maine.

HP0027, LD 34, item 1, An Act To Require Candidates for Public Office To Provide Proof of Citizenship

Sheldon ponders if xotoxi is behind it. I think that merits investigation.

Anyways, we can strike Arizona from that list. It appears that the bill died in the Senate committee, with two Republicans voting with three Democrats to kill the bill.

It doesn't look like Barack Obama will need to get his original birth certificate to state officials to be on the presidential ballot in Arizona next year.

On a 5-3 vote Monday, the Senate Judiciary Committee defeated SB 1526 which would let Arizona impose its own requirements on what someone needs to prove before being on the ballot in the state. Three Republicans voted with the two Democrats on the panel to kill the plan offered by Sen. Ron Gould, R-Lake Havasu City.

Virtually identical legislation was introduced in the House in the form of HB 2544. But that measure has never gotten a hearing. ...

"I think it's inappropriate for the state of Arizona to establish its own criteria for a federal office that goes beyond what the (U.S.) Constitution requires," said Sen. John McComish, R-Phoenix. And Sen. Adam Driggs, R-Phoenix, said this could create a situation where each of the 50 states would be screening presidential candidates using different standards.

Presidential candidates won't need to show birth certificate for Arizona ballot - East Valley Tribune: Arizona

Driggs and McComish are Republicans on the Arizona Senate Judiciary Committee.

Format Document

as maine goes, so goes vermont.

just sayin

 

[Toro]

The author of the Texas birfer bill does not expect it to pass.

“We don’t think the president was vetted, and it’s just that simple,” Texas GOP state Rep. Leo Berman said, adding that he doesn’t know whether Obama is “a citizen or not” but that he believes the question has not been fully examined. ...

“My colleagues love it,” he said, adding that his bill will “pass overwhelmingly in the House.” But Berman predicted that Democrats in the state Senate would block the bill from getting the two-thirds majority it needs to pass.

The Hawaii bill is designed to make money off birfers. lol

Hawaii Democrats are working on birther-influenced legislation of their own, designed, at least, to produce some revenue for the state’s trouble with the birthers. A new bill would allow the state’s Department of Health to provide copies of some of the president’s birth records — which the state had stopped doing during the height of birther activity — in return for a $100 fee.

And anyone who can do the math knows that the birfer bill has zero chance of passing in Connecticut.

“I read about it and thought, ‘Why shouldn’t we do this? This sounds like a good idea,’” said Connecticut GOP state Sen. Michael McLachlan.

McLachlan conceded that his bill doesn’t stand much chance of passing the state’s Democratic-controlled Legislature, but said he hasn’t been deterred by opposition.

Birther debate alive across U.S. - Andy Barr - POLITICO.com

So let's review five states

Arizona - Bill died in the Senate Judiciary Committee as Republicans voted to kill the bill.
Missouri - All the Presidential candidate will have to do is show a birth certificate, not a long-form certificate
Texas - The bill's sponsor says it won't pass the Texas Senate.
Connecticut - Democrats far outnumber Republicans in the legislature and will kill the bill.
Hawaii - Democrats have introduced legislation to raise money from gullible birfers and put to rest the idea that Obama was born outside the country.

Hawaii 'Birther' Bill Would Give Obama Records to Anyone -- for $100

So, thus far to the chagrin and contrary to the claims of the birfers, we have found that five of the eleven states are unlikely to pass anything stopping Obama from running for President. And the sixth - Maine - are publicly distancing themselves from the birfers.

 

[Toro]

In Montana, the birfer bill has been tabled in committee. It originally did not pass in committee, stalling at a vote of 9-9. I'm not sure when the vote will be held.

On a motion of “do pass” the roll call vote tied at 9 all. This was quickly followed by a motion to table and on the initial voice vote only one voice said ‘No’. However, the chair called a roll call vote and the motion to table was carried 10-8, so I suspect several members were covering their backs with their local crazies.

Oh, For Goodness Sake » Blog Archive » Montana HB 205: Birther Bill Tabled

Here is the bill.

http://data.opi.mt.gov/bills/2011/billhtml/HB0205.htm

The Governor of Montana is Brian Schweitzer, who is a Democrat and will almost certainly veto the bill.

Flathead Memo by James Conner: HB-205, Montana’s birther bill

That puts six states where it is highly likely that there will be no legislation blocking President Obama from running in 2012.

 

[Sheldon]

For those not keeping track:



Oklahoma--possible, they have 3 in Senate committees

Tennessee--possible

Missouri--possible but ineffectual

Arizona--unlikely

Hawaii--not a ballot eligibility bill

Texas--highly unlikely, not enough for 2/3

Indiana--possible

Montana--unlikely

Connecticut--highly unlikely

Nebraska--possible

Maine--possible, blame xotoxi

 

[Toro]

What I've picked up elsewhere. I'm not sure what is accurate and what is not. I may do some hunting later.

Montana - The deadline for transmittal of House bills to the Senate was today, Feb 24. If the bill has not been voted on in committee and passed onto the Senate, the bill is dead. The bill had been tabled in committee after the last vote was tied at 9-9.

Maine - I'm not even sure if the bill applies to the President. It appears to apply to candidates for in state offices.

Oklahoma - Three bills had been moved to the Rules Committee. Deadline for being reported out of committee is Feb 28.

Indiana - Deadline for third reading was was yesterday, Feb 23. As of last week, there had yet to be a second reading.

From Fogbow.com.

 

[Sheldon]

Maine - I'm not even sure if the bill applies to the President. It appears to apply to candidates for in state offices.

That's kind of what I was wondering. They didn't define beyond "public office", unlike the other bills that all explicitly stated that the office of President and Veep were included.

And there is this underlined part.

A person who seeks nomination by petition qualifies by filing a nomination petition and consent as provided in sections 354 and 355. If enrolled, the person must also withdraw enrollment in a party on or before March 1st to be eligible to file a petition as a candidate in that election year, as provided in section 145. The registrar in the candidate's municipality of residence must certify to that fact on a form designed by the Secretary of State. A person who seeks nomination by petition shall show proof of United States citizenship in the form of a certified copy of the candidate's birth certificate and the candidate's driver's license or other government-issued identification to the Secretary of State.

I read that as saying the potential candidate must have a legit petition for nomination from where they live, and the Sec of State has to verify it. How would that even apply to a Presidential campaign?

 

[Toro]

I think we can scrap Maine.

So it appears that the only ones that are unknown are Tennessee and Nebraska. It doesn't look like the others will pass, though we should find out what has happened in Indiana, Oklahoma and Montana. I'll look into it tomorrow.

But it doesn't look too good for the birfers!

 

[The Big Pickle]

Show us the damn birf certificate Obongo!

 

[The Big Pickle]

I'm praying for just ONE state to pass a law requiring proof of Natural Born Citizenship.

 

[candycorn]

Love watching Brithers or Birfers if you prefer fail all over the place. I wish it were happening in Spring/Summer 2012 though.

 

[DiveCon]

Maine - I'm not even sure if the bill applies to the President. It appears to apply to candidates for in state offices.

That's kind of what I was wondering. They didn't define beyond "public office", unlike the other bills that all explicitly stated that the office of President and Veep were included.

And there is this underlined part.

A person who seeks nomination by petition qualifies by filing a nomination petition and consent as provided in sections 354 and 355. If enrolled, the person must also withdraw enrollment in a party on or before March 1st to be eligible to file a petition as a candidate in that election year, as provided in section 145. The registrar in the candidate's municipality of residence must certify to that fact on a form designed by the Secretary of State. A person who seeks nomination by petition shall show proof of United States citizenship in the form of a certified copy of the candidate's birth certificate and the candidate's driver's license or other government-issued identification to the Secretary of State.

I read that as saying the potential candidate must have a legit petition for nomination from where they live, and the Sec of State has to verify it. How would that even apply to a Presidential campaign?

that covers any and all offices to run in a primary
at least thats what the author explained to me
and the "other papers" include naturalization papers for offices other than POTUS/VPOTUS