Florida State Court Issues Comprehensive Ruling on Obama Eligibility Challenge

On June 29, Florida Circuit Court Judge Terry P. Lewis of Leon County issued this ruling in Voeltz v Obama, 2012-ca-467. This case was filed by individuals who believe that President Obama is not eligible to be President. Larry Klayman was the attorney for the plaintiffs.

The decision holds that someone may be a “natural-born citizen” if he or she is born in the United States, regardless of the citizenship of his or her parents. It also holds that even setting that issue aside, the case is not ripe because President Obama is not yet the Democratic Party nominee for President. The plaintiffs had argued that because Obama had won the Florida Democratic presidential primary, he is the presidential nominee of the Florida Democratic Party.

The part of the ruling that differentiates the presidential primary from the primary for other office is potentially a useful precedent for anyone arguing that “sore loser” laws don’t apply to presidential primaries.

The ruling also says that the Secretary of State of Florida has no duty to investigate the qualifications of candidates. This part of the ruling will bolster the favorable ruling made last year by the Florida Secretary of State. He ruled last year that he will not enforce the part of the 2011 election law that imposes severe petition requirements on qualified minor parties that wish to place a presidential candidate on the ballot, if those parties are not recognized as “national committees” by the Federal Election Commission. The Secretary of State said last year he has no official knowledge of which parties are recognized by the FEC, and that he will assume any party that applies to place a presidential nominee on the ballot is eligible to do that. The ruling in Voeltz v Obama strengths that ruling by the Secretary of State. Thanks to Bill Van Allen for the link to the opinion.