The Birfer State Law Tracking Thread

[DiveCon]

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!

technically, the Maine law is not a birfer law anyway

 

[rightwinger]

Essentially, each state has different standards for reporting a birth in that state. Constitutionally, one state cannot nullify the record issued by another state

 

[MaggieMae]

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

I think it's the other way around.

 

[MaggieMae]

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

Oh they'll still be trying some trick. Their efforts fell flat with the USSC, so then they tried this little maneuver. When that fails, they'll try something else, trust me, just to keep the whole idiotic campaign of theirs on the front page of World Net Daily, et al.

 

[MaggieMae]

Thanks to everyone who did the extensive research. It's about time we stopped just treating this as a laughing matter and fight back.

 

[Sheldon]

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

Oh they'll still be trying some trick. Their efforts fell flat with the USSC, so then they tried this little maneuver. When that fails, they'll try something else, trust me, just to keep the whole idiotic campaign of theirs on the front page of World Net Daily, et al.

My guess is that the authors and sponsors of these bills, whose party affiliation will go nameless, all saw the polling numbers on this, that there's a non-insignificant part of the electorate skeptical of his birth location, or in other words, thinks he "probably was born here". Theses bills are pandering to that sentiment.

So they see those numbers, and a group of Republicans introduce these kind of bills, and, in the case of CT, even knowing it won't ever pass. And whether or not the laws could hold up in court is an irrelevant issue to the politics of it...the authors and sponsors can always go to the townhall meetings and say they "tried", and still hold onto those votes.

I suspect these bills will die in committee, with the possible exceptions in Tennessee, Oklahoma, and Indiana. You know, major swing states. And then there's the whole judicial branch to go through.

 

[Sheldon]

We can add and then remove one more state to/from the list. South Dakota.

HB 1199
Powered by Google Docs

This doesn't really seem like the typical birther bill. It's proposes some kind of voluntary compact between states to make legal distinctions between long forms, COLBs, etc of natural born citizens versus people not born into US jurisdiction. But, and here's the first funny part, they acknowledge Federal supremacy on this issue--the bill explicitly states that Congress must approve of any compact.

I see no way in which this would affect Obama's ability to be on the state's ballot. However, Orly Taitz supports it on her website, so... yeah.


The bill is scheduled to be heard on the 41st day of the legislative calender. Here's the second funny part: the SD legislative session is 40 working days.

 

[Ravi]

WTF is wrong with Florida? We usually take the lead in stupidity...where's our birfer bill?

 

[WorldWatcher]

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

I didn't have any issue with the Maine bill. It was general in nature and applied to all elective offices and wasn't targeted at one man.

The idea that candidates for elected position would have to provide proof that they met the qualifications for the position prior to being on the ballot just makes sense.


>>>>

 

[Toro]

WTF is wrong with Florida? We usually take the lead in stupidity...where's our birfer bill?

Funny. I was thinking the same thing today!

 

[Toro]

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

Thanks Dive.

So the bill doesn't require a long-form birth certificate then?

 

[WorldWatcher]

Thanks Dive.

So the bill doesn't require a long-form birth certificate then?

§ 334. Qualification of candidate for primary nomination

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



Since the COLB is the birth certificate issued by many states now and is recognized as proof of citizenship by the United States Government as the basis for establishing citizenship to issue passports - one would assume that the COLB is acceptable.



>>>>

 

[Toro]

Thanks Dive.

So the bill doesn't require a long-form birth certificate then?

§ 334. Qualification of candidate for primary nomination

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



Since the COLB is the birth certificate issued by many states now and is recognized as proof of citizenship by the United States Government as the basis for establishing citizenship to issue passports - one would assume that the COLB is acceptable.



>>>>

Thanks.

Strike Maine from that list then.

 

[DiveCon]

Thanks Dive.

So the bill doesn't require a long-form birth certificate then?

§ 334. Qualification of candidate for primary nomination

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



Since the COLB is the birth certificate issued by many states now and is recognized as proof of citizenship by the United States Government as the basis for establishing citizenship to issue passports - one would assume that the COLB is acceptable.



>>>>

Thanks.

Strike Maine from that list then.

thank you

 

[DiveCon]

btw, if that was the intent of the Maine Bill, to require the long form, i see a MASSIVE hole
since it only covers PRIMARY elections, and the Dems here do NOT have a primary to pick delegates, they have a caucus, he wouldnt even have to file to meet this
unless they amend the bill to include caucuses

 

[Toro]

Here is the Nebraska bill. Apparently, the author isn't exactly a constitutional scholar.

http://nebraskalegislature.gov/FloorDocs/Current/PDF/Intro/LB654.pdf

25 (C) Requirement number two: One of the following in
1 subdivision (i) or (ii) or (iii) or (iv) or (v) of this subdivision:
2 (i) A certified copy of my birth mother's long-form birth
3 certificate indicating her United States citizenship;
4 (ii) Only if the document described in subdivision (i) of
5 this subdivision is not obtainable under the laws of the state that
6 issued my mother's birth certificate, then both documents described
7 in subdivisions (A) and (B) of this subdivision:
8 (A) A certified copy of my mother's certification of live
9 birth indicating her United States citizenship; and
10 (B) A sworn and acknowledged affidavit by me stating my
11 mother's place of birth as denoted on her long-form birth certificate
12 and stating that her parents names contained on her certification of
13 live birth are the same parent names as contained on her long-form
14 birth certificate;
15 (iii) My birth mother's Certificate of United States
16 Naturalization showing she obtained United States citizenship prior
17 to my date of birth;
18 (iv) My birth mother's Certificate of United States
19 Citizenship showing she obtained United States citizenship prior to
20 my date of birth; or
21 (v) Certified copies of documents that indicate my mother
22 was a United States citizen prior to my birth, being the same
23 documents as those required to obtain a Certificate of United States
24 Citizenship; and

25 (c) Requirement number three: One of the following in
1 subdivision (i) or (ii) or (iii) or (iv) or (v) or (vi) of this
2 subdivision:
3 (i) A certified copy of my birth father's long-form birth
4 certificate indicating his United States citizenship;
5 (ii) Only if the document described in subdivision (i) of
6 this subdivision is not obtainable under the laws of the state that
7 issued my father's birth certificate, then both documents described
8 in subdivisions (A) and (B) of this subdivision:
9 (A) A certified copy of my father's certification of live
10 birth indicating his United States citizenship; and
11 (B) A sworn and acknowledged affidavit by me stating my
12 father's place of birth as denoted on his long-form birth certificate
13 and stating that his parents names contained on his certification of
14 live birth are the same parent names as contained on his long-form
15 birth certificate;
16 (iii) My birth father's Certificate of United States
17 Naturalization showing he obtained United States citizenship prior to
18 my date of birth;
19 (iv) My birth father's Certificate of United States
20 Citizenship showing he obtained United States citizenship prior to my
21 date of birth;
22 (v) Certified copies of documents that indicate my father
23 was a United States citizen prior to my birth, being the same
24 documents as those required to obtain a Certificate of United States
25 Citizenship; or
1 (vi) A sworn and acknowledged affidavit by me stating
2 that (A) no father is listed on my first original long-form birth
3 certificate, (B) I do not know who my birth father is and (C) I have
4 no reason to believe my birth father was not a United States citizen
5 at the time of my birth.

This comes from Fogbow.com.

IOW, the candidate for President has to have two parents who are citizens of the United States.

But get this

The 14-page bill, sponsored by District 44 State Sen. Mark Christensen of Imperial, would prohibit placing presidential and vice presidential candidates on the state's ballot unless they provide a certified, long-form version of their birth certificate to Nebraska's secretary of state.

Christensen's bill would also require candidates to provide their parents' certified long-form birth certificates. If a person's birth father is unknown, Christensen said a candidate would have to file an affidavit with the state, stating that they have no reason to believe their father is not a U.S. citizen.

The Nebraska Vital Records website contains no option to request a long form birth certificate. Christensen said he had not talked to Nebraska Vital Records staff, but modeled the bill's language after what has been used in other states.

McCook Daily Gazette: State News: Christensen introduces 'birther bill' (02/03/11)

So under this genius's bill, as of right now, someone from Nebraska couldn't run for President.

It gets funnier.

Christensen said he was motivated to sponsor the bill after receiving two or three e-mails from constituents who are concerned about the persistent rumors that President Barack Obama is not a citizen. ...

"Whenever you have a large amount of citizens who have doubts, it hurts our government. It hurts the integrity of the government," Christensen said.

2 or 3 = "large amount"

As a constitutional scholar states

John Gruhl, a University of Nebraska-Lincoln political science professor who specializes in constitutional law, called Christensen's bill "puzzling."

"Parents don't have to be citizens for their children to be citizens," Gruhl said. "So what's the point of this provision? To embarrass a candidate whose parents aren't citizens? To discourage a candidate from running in the first place, so his parents aren't exposed?"

And

Nebraska's bill, introduced by state senator Mark Christensen, of District 44, goes one step beyond all other bills by requiring proof of citizenship of the candidate's parents as well.

By doing so, Christensen is making additions to the requirements of the Constitution. There is no mention in the nation's founding document of presidents' parents and their citizenship. Christensen was unavailable to provide comment at press time after repeated attempts yesterday and the day before.

" + artTitle.replace("-","") + " - " + "Daily Nebraskan" + " - " + "News" + "

Not the sharpest tacks in the drawer.

And "Bush's Brain" isn't called that for no reason.

Karl Rove, a former political advisor to Pres. George W. Bush cautioned giving so-called "birthers" too much attention.

"Within our party, we've got to be very careful about allowing these people who are the birthers and the 9/11-deniers to get too high a profile and say too much without setting the record straight," Rove said on Fox News, according to USA TODAY.

IOW, keep the crazies at bay.

 

[Toro]

btw, if that was the intent of the Maine Bill, to require the long form, i see a MASSIVE hole
since it only covers PRIMARY elections, and the Dems here do NOT have a primary to pick delegates, they have a caucus, he wouldnt even have to file to meet this
unless they amend the bill to include caucuses

I'll take the bill's author at his word. When I first read it, it didn't seem to be a typical Birfer bill to me.

 

[xsited1]

There sure are a lot of documents that Obama keeps actively hidden from the media. I wonder why?

 

[Toro]

There are, of course, many problems with the birfer bills. Here is one.

Article IV, Section 1 of the US Constitution

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.​

FindLaw: U.S. Constitution: Article IV

IOW, the federal government and the states must accept the official documents of the other states.

 

[Toro]

There sure are a lot of documents that Obama keeps actively hidden from the media. I wonder why?

Because he was born in Kenya.

WAKE UP, MAN!