Berg v Obama Decision Only Deals with Standing, Says Nothing About the Facts Concerning Obama Citizenship

On Friday, October 24, a U.S. District Court in Philadelphia released its opinion in Berg v Obama, civ 08-4083. Plaintiff Philip Berg had filed the lawsuit in August 2008, alleging that Barack Obama is not a natural-born citizen. The decision is here. It is 34 pages, but only deals with whether Berg has standing. The decision says he does not have standing. BAN regrets the Friday posting saying that the decision had made a finding about the factual dispute.

Minnesota Now Accepts Frank Moore Write-in Filing

On October 27, the Minnesota Secretary of State’s office reversed course and accepted Frank Moore’s write-in filing for president. Last week that office had said that the U.S. Constitution bars a team (of a presidential candidate and a vice-presidential candidate) from running if both members of the team live in the same state. That interpretation has now been dropped. The 12th amendment only stops such a team from receiving the electoral votes of their own home state.

Frank Moore is not on the ballot on any state, but he has qualified as a write-in presidential candidate in 25 states, probably a record. He also campaigns diligently. He and his campaign team have been working on getting write-in status for nine months. He lives in Berkeley, California.

New York State High Court Cancels New Primary for Independence Party in Orange County

On October 23, the New York State Court of Appeals reversed the State Supreme Court, Appellate Division, in the dispute over the Independence Party primary in Orange County for Surrogate’s Court Judge.

At the September primary, the results had been 222 votes for Robert Onofry, and 213 votes for Stephen Hunter. The State Supreme Court, Appellate Division, had ruled the primary invalid, since in eight precincts, no voter signed in as having voted in the Independence Party’s primary, yet votes were cast and counted in that primary. In seven other precincts, there were 17 more votes cast than there were voters who signed in. The State Supreme Court, Appellate Division, had said the primary was hopelessly inaccurate and had ordered a new primary.

But the Court of Appeals cancelled the new primary. Its ruling is only two sentences long. It says, “Order reversed, without costs, and matter remitted to Supreme Court, Orange County, with directions to dismiss the proceeding. Under the circumstances of this case, it would be impossible, if this Court were to entertain the merits, to render meaningful relief in compliance with the Election Law.” The case is “In the Matter of Stephen R. Hunter”, no. 217.