Linda Jordan Files General Election Ballot Access Challenge To Obama in State of Washington - Filed 27aug2012

Copy provided courtesy of: ProtectOurLiberty.
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Standing RCW 29A.68.011 (1) (3) 1 provides for the prevention and correction of election frauds, errors and wrongful acts, including a failure to perform a duty. Challenges may be brought by an elector before ballots are printed. Any justice of the supreme court, judge of the court of
charged with error, wrongful act, or neglect to forthwith correct the error, desist from the wrongful act, or perform the duty and to do as the court orders or to show cause forthwith why the error should not be corrected, the wrongful act desisted from, or the duty or order not
(1) An error or omission has occurred or is about to occur in printing the name of any candidate on official ballots; or (2) An error other than as provided in subsections (1) and (3) of this section has been committed or is about to be committed in printing the ballots; or (3) The name of any person has been or is about to be wrongfully placed upon the ballots; and that, An affidavit of an elector under subsections (1) and (3) of this section when relating to a
official certification of the primary election returns and shall be heard and finally disposed of by the court not later than five days after the filing thereof. (Emphasis added)
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The Superior Court, Thurston County, Is A Proper Venue For This Election Challenge 5. RCW 29A.68.011 requires election contests to be brought before, Any justice of the supreme court, judge of the court of appeals, or judge of the superior court in the proper county .
(Emphasis added) County superior courts have concurrent original jurisdiction over actions against the Secretary of State concerning statewide election challenges. The wrongful acts
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RCW29A.68.011(1)(3)
PlaintiffsMotionForOrderToShowCauseLindaJordan,PlaintiffProSe AffidavitOfLindaJordan;Memorandum
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general election must be filed with the appropriate court no later than three days following the
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performed, whenever it is made to appear to such justice or judge by affidavit of an elector that:
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appeals, or judge of the superior court in the proper county shall, by order, require any person
Copy provided courtesy of: ProtectOurLiberty.org
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Plaintiff wants to prohibit would occur in every Washington County, including the one Plaintiff lives and votes in, King County. The acts originate out of Thurston County. Wrongful Acts, Duty to Perform 1. Plaintiff is contesting the Secretarys placement of the name Barack Hussein Obama II aka
the United States (RCW 29A.68.011 (1) (3)) and alleges that the identity document Obama has proffered as proof, to the Secretary and every Washington State elector, that he is eligible to be a presidential candidate, is forged. A forged document can not be used to prove anything. The
who is using a forged identity document to prove eligibility. This assist would certainly help Candidate Obama. 2
2. Plaintiff alleges that the Secretary is violating WAC 434-215-165 3 by certifying the names of major party political candidates for President and Vice-President to the General Election Ballot before their conventions are held and before receiving from the major parties a Certificate of
to the General Ballot until 3-9 days after receiving the Nomination from the DNC, after their convention. 5
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ConstructiveFraud:Anybreachofdutywhich,withoutactualfraudulentintent,gainsanadvantagetotheperson infault 3 WAC434215165Presidentialnominationsbymajorpoliticalparties.Nominationsforpresidentandvice presidentbymajorpoliticalpartiesareconductedateachparty'snationalconvention.Immediatelyfollowingthe convention,eachpartymustsubmitacertificateofnominationandlistofelectorstothesecretaryofstatein ordertoplacethenomineesonthepresidentialgeneralelectionballot. 4 Ex1AppearingonWashingtonStateBallotinWashingtonState 5 Ex2KitsapCounty2008ElectionCalendar,DNCNomination,DNC2008Conventiondates.
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Nomination and list of electors 4 for said candidates. In 2008 the Secretary did not certify Obama
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Secretary would be aiding and abetting fraud if he were to place a candidates name on the ballot
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Barack Obama on the 2012 General Election ballot as a candidate for the Office of President of
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3. Plaintiff alleges that the Secretary has a legal duty to carry out elections in a uniform manner 6 , to treat candidates equally where it concerns the eligibility oath. The Secretary requires Write In candidates for President and Vice President to swear an eligibility oath or their declaration as a candidate will not be considered. 7 The Secretary has placed the names of Major Party candidates
4. The filing officer for state and federal offices is required by the Secretary to verify eligibility information provided by the candidate and should also do so for major party president and vicepresidential candidates. 8
1.Treating candidates equally is, as a matter of law, an important state interest. (See, e.g., Council of Alternative Political Parties v. Hooks, 179f3d. 64, 78 (3d Cir.1999)) 9 Candidate Obama should be held to the same instruction that the Secretary holds Write In Candidates for President and Vice-President to: they have to swear an eligibility oath and if they dont swear the oath their declaration will not be accepted.State and other federal candidates have their
eligibility claims of Candidate Obama. 2. The eligibility assertions of major party president and vice-president candidates are initially
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presumed by the Secretary, however, the Washington State Supreme Court has found that while
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RCW29A.04.611Rulesbysecretaryofstate.Thesecretaryofstateaschiefelectionofficershallmake reasonablerulesinaccordancewithchapter34.05RCWnotinconsistentwiththefederalandstateelectionlaws toeffectuateanyprovisionofthistitleandtofacilitatetheexecutionofitsprovisionsinanorderly,timely,and uniformmannerrelatingtoanyfederal,state,county,city,town,anddistrictelections.Tothatendthesecretary shallassistlocalelectionofficersbydevisinguniformformsandprocedures. 7 Ex3EmailfromSOSElectionsDepartmenttoLindaJordan 8 Ex42012KingCountyCandidateManuelTheofficerwithwhomdeclarationsarefiledshallrevieweach declarationforcompliancewiththislaw. 9 CouncilofAlternativePoliticalPartiesv.Hooks,179f3d.64,78(3dCir.1999) 10 Ex42012KingCountyCandidateManuel
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eligibility information verified by the Secretary.10 The Secretary has the authority to verify the
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Courts Have Upheld Eligibility Requirements And Equal Treatment For Candidates
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on the General Election ballot before receiving an eligibility oath from them.
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it is an unqualified right for an eligible person to aspire to public office, that if there is any doubt as to a candidates eligibility, that doubt must be resolved. In State v. Schragg, 158 Wash. 74, 78, 291 P. 321 (1930), we stated: Since the right to participate in the government is the common right of all, it is the unqualified right of any eligible person within the state to aspire
among those aspiring the persons who shall hold such offices. It must follow from these
considerations that eligibility to an office in the state is to be presumed rather than to be denied, and must further follow that any doubt as to the eligibility of any person to hold an office must
Washington State Supreme Court, En Banc) 11
The Secretary Can and Does Check Candidates for Eligibility But Is Failing To Do So With Candidate Obama
1. From the King County 2012 Candidate Manuel: Declarations of candidacy and filings (RCW 29A.24, WAC 434-215) A candidate who desires to have his or her name printed on the ballot
United States, shall complete and file a Declaration of Candidacy. A person filing a Declaration of Candidacy for an office shall, at the time of filing, possess the qualifications specified by law
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for persons who may be elected to the office. The candidate must be properly registered to vote
in the geographic area, district and/or division represented by the office at the time of filing.
The officer with whom declarations are filed shall review each declaration for compliance with this law. 12 (Emphasis added) The major party candidates for President and Vice-President
GERBERDINGv.MUNRONo. 650594 Ex4KingCounty2012CandidateManuel
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for election to an office other than President of the United States and Vice President of the
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be resolved against the doubt. (Emphasis added) (GERBERDING v. MUNRO No. 65059-4.
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to any of these offices, and equally the unqualified right of the people of the state to choose from
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are exempt from filing a Declaration of Candidacy because their party files a Certificate of Nomination on their behalf. However, this does not make them exempt from satisfying established eligibility requirements. Just like candidates for every other office, federal offices included, major party presidential and vice-presidential candidates are not exempt from meeting
Secretary oversees every countys election department. Under the direction of the Secretary the filing officer is obligated to review each declaration for compliance with the law, it is a ministerial duty. 14
SOS publication, CAN YOU REJECT A DECLARATION? 15
Yes, if the declaration is defective as to face. For example, if a candidate lists an address outside the district, it must be rejected, or if the form is submitted and the candidate is not registered to vote. The filing officer, under instruction from the Secretary, is performing a ministerial duty to verify the candidates eligibility. While this direction says declarations can be
the face of it and can only be verified if the officer checks to see if the address is in the required boundary or checks to verify if the candidate is a registered voter. It is legal for the Secretary to
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order filing officers to check to see if information provided by candidates is true, including candidates for federal office. It is legal and should be required for filing officers to check the
eligibility information provided by major party presidential and vice presidential candidates. Supporting Documents
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Ex5SOSPresidentialeligibilityrequirements ministerialactn.anact,particularlyofagovernmentalemployee,whichisperformedaccordingtostatutes, legalauthority,establishedproceduresorinstructionsfromasuperior,withoutexercisinganyindividualjudgment. 15 Ex6SOSCanyourejectaDeclaration?
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rejected if, on the face of it, the officer sees a defect, the two examples given are not obvious on
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2. The Secretary instructs filing officers to review candidate declarations for eligibility. From
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the eligibility requirements established by the Constitution and Washington State law. 13 The
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Plaintiff attaches to this Motion 1. The Affidavit of Linda Jordan with exhibits. 2. A Memorandum In Support with Appendix of Law. Prayer For Relief For the reasons stated above and for those stated in the supporting Memorandum and Affidavit,
1. To stop or prohibit the printing of ballots until disposal of this challenge. 2. To prohibit the Secretary from placing the name of Candidate Barack Hussein Obama II aka Barack Obama on the 2012 General Election ballot in Washington State as a candidate for the Office of the
party President and Vice-President Candidates from eligibility checks by filing officers. 4. To prohibit the Secretary from certifying the names of Major Party President and Vice-President Candidates to the counties for a General Election until a Certificate of Nomination and list of electors is received after the Major Partys Convention nomination process. 5.To require all Major, Minor and Independent candidates, for President and Vice-President, to be held to the
are in Washington State.
Plaintiffs Motion And Attached Affidavit Alleged With Sufficient Certainty
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RCW 29A.68.030 provides that "no statement of contest may be dismissed for want of form if the particular causes of contest are alleged with sufficient certainty." 16 In re Election Contest
Filed by Coday ( 497 156 Wn.2d 485, March 2006) 17 the Washington State Supreme Court stated that, "Sufficient certainty" is not defined in the statute, nor have we had occasion to
RCW29A.68.030 ElectionContestFiledbyCoday
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same Eligibility Oath and instructions that Write In Candidates for President and Vice President
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President of the United States. 3. To prohibit the Secretary from continuing to exempt major
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Plaintiff requests that the Court order the Secretary of State;

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define that particular term. However, in previous election contest cases, this court has utilized generally applicable, liberal pleading rules. In Dumas, .we observed that [a]though Respondent's petition did not cite specific subsections of the [election contest] statute, sufficient facts and law were stated concerning the nature of the claim to bring the petition under the statute. Although the petition is not a model of pleading, it is nevertheless adequate so long as it is sufficient to satisfy necessary legal requirements. Lightner, 59 Wn.2d at 858 (quoting
Sherwood v. Moxee Sch. Dist. No. 90, 58 Wn.2d 351, 353, 363 P.2d 138 (1961) (quoting Conley
Dated this _______ day of August, 2012 in Seattle Washington
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Lightner,59Wn.2dat858(quotingSherwoodv.MoxeeSch.Dist.No.90,58Wn.2d351,353,363P.2d138 (1961)(quotingConleyv.Gibson,355U.S.41,45,78S.Ct.99,2L.Ed.2d80(1957)
PlaintiffsMotionForOrderToShowCauseLindaJordan,PlaintiffProSe AffidavitOfLindaJordan;Memorandum andAppendixOfLaw8 LindaJordanv.SecretaryofState,SamReed
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________________________________________________ Linda Jordan, Plaintiff Pro Se
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v. Gibson, 355 U.S. 41, 45, 78 S. Ct. 99, 2 L. Ed. 2d 80 (1957). 18
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ExhibitList/LawCitationsPlaintiffsMotionForOrderToShowCause LindaJordanvSecretaryofState,SamReed Exhibits
2.Ex2KitsapCounty2008ElectionCalendar,2008DNCNominationformforObama,DNC2008 conventiondates
4.Ex42012KingCountyCandidateManuel 5.Ex4 6.Ex4
7.Ex5SOSpresidentialeligibilityrequirements
8.Ex6SOStrainingmaterial,Canyourejectacandidate?
1.RCW29A.68.011(1)(3)
2.ConstructiveFraud..Anybreachofdutywhich,withoutactualfraudulentintent,gains advantagetothepersoninfault 3.WAC434215165 4.RCW29A.04.611
5.Gerberdingv.MunroNo.650594 6.Ministerialactdefinition 7.RCW29A.68.030 8.ElectioncontestfiledbyCoday 9.Lightner,59Wn.2dat858(quotingSherwoodv.MoxeeSch.Dist.No.90,58Wn.2d351,353, 363P.2d138(1961)(quotingConleyv.Gibson,355U.S.41,45,78S.Ct.99,2L.Ed.2d80 (1957)
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3.Ex3EmailfromSOStoJordan:Writeincandidatesforpresidentmustsweareligibilityoath
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1.Ex1AppearingonthePresidentialBallotSOS2012
1 2 3 4 5 Judge/Calendar:LisaSutton 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
x Expedite
Nohearingset XHearingisset
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THURSTON COUNTY Linda Jordan ) No. 12-2-01763-5 ) Plaintiff
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)PLAINTIFFS AFFIDAVIT WITH EXHIBITS IN SUPPORT
v. Secretary of State Sam Reed
OF MOTION FOR ORDER TO SHOWCAUSE
Defendant
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___________________________________________________________________________
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I, Linda Jordan, am over the age of 18 years old; I have personal knowledge of the facts listed below and declare before God and under penalty of perjury, 1. I am a registered voter and a resident of King County Washington. 1 2. I have researched the 2 ; a. the Constitutional
Ex1ProofofVoterRegistration 2RuleER602PersonalKnowledge PLAINTIFFSMOTIONFORORDERTOSHOW1OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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Date:September7,20129:00AM
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requirements that must be met in order to be eligible to be President of the United States, b. the eligibility oath Write In Presidential Candidates take in Washington State, c. the identity documents the Social Security Administration (SSA) uses to verify citizenship and age, d. what the SSA looks for in forged documents and e. the birth document posted on the White House Website on April 27th, 2011 purported to be a scanned photocopy of Barack Obamas original 1961 long form Certificate of Live Birth.
3. I am contesting the placement of the name Barack Hussein Obama II aka Barack Obama on
the 2012 General Election ballot as a candidate for the Office of President of the United States. (RCW 29A.68.011 (1) (3)) 3 and allege that the identity document Obama has proffered as proof that he is eligible to be a presidential candidate, is forged. 4. Evidence is offered in this Affidavit. 4
5. The Secretary of State (SOS) processes all applications and documents submitted in Washington State on behalf of candidates for the offices of President and Vice President of the United States and is the Filing Officer for those offices. 5 The Secretary submits candidate
6. The SOS booklet, Appearing on the Presidential Ballot in Washington State says that, In order to appear on the Washington State General Election Ballot, major political parties submit
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the names of nominees selected at the national conventions. 6 The law requires candidates to be
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RCW29A.68.011(1)(3) RuleER401RelevantEvidenceRuleER601RuleofCompetencyER904AdmissibilityofDocumentsRuleER902 SelfAuthentication 5 RCW29A.56RCW29A.04.067 6 Ex2SOSBookletAppearingonPresidentialBallot(pg.4) PLAINTIFFSMOTIONFORORDERTOSHOW2OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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names that will be on the General Election ballot to every county in Washington State.
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eligible 7 and the Secretary instructs Write-In Candidates for President to make sure they are eligible. 8 7. The DNC Convention will be held September 4th -7th 2012. Barack Obama is acknowledged by the national media as the presumptive Democrat presidential candidate and would accept the nomination on September 7th, 2012. The DNC did not proffer any other candidate names for
President in the 2012 General Election. The Republican National Committee Convention (RNC) will be held the week of August 27, 2012. 9
8. The Secretary has been given the authority to determine who the presidential candidates for a major political party are in a Presidential Primary. RCW 29A.56.030 Ballot Names included. The name of any candidate for a major political party nomination for president of the
party only: (1) By direction of the secretary of state, who in the secretary's sole discretion has determined that the candidate's candidacy is generally advocated or is recognized in national news media; 10 (emphasis added)
10. RCW 29A.68.011 (1)(3) provides for the prevention and correction of election frauds, errors and wrongful acts. The RCW says that the challenge shall be filed within, three days
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following the official certification of the primary election returns and shall be heard and finally disposed of by the court not later than five days after the filing thereof. 12
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WAC434215170 Ex3SOSWriteInCandidateform&Instructions 9 Ex4ConventionSchedule 10 RCW29A.56.030 11 Ex2SOSbooklet,pg.4 12 RCW29A.68.011(1)(3) PLAINTIFFSMOTIONFORORDERTOSHOW3OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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9. For financial reasons the Presidential Primary in Washington State was suspended for 2012. 11
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United States shall be printed on the presidential preference primary ballot of a major political
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11. The Secretary certified the Primary Election Results to the Counties on August 24, 2012. 13 The names of major party Presidential Candidates, even though their Conventions had not yet been held, are now included on the 2012 General Election Voters Guide. 12. Ballots in Washington State for the 2012 General Election could be ordered for printing beginning August 24th, 2012. 14 As of June 6, 2012, Washington has 3,698,955 active registered voters. 15
13. This time frame, dictated by law and combined with the printing schedule established by the
Secretary, does not allow for an RCW 29A.68.011 (1)(3) 16 challenge to be brought and disposed of before the printing of General Election ballots is allowed to begin. Standing
the placement of a candidates name on the Washington State General Election ballot. The Eligibility Oath Is Given Substantial Weight for Presidential Candidates In The Washington State Election Process
Constitution. Article II, Section 1 Clause 5, No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office
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of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States. 17
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Ex5SOSCertifiedPrimaryReturnsforPresident Ex6SOSEmailtoLindaJordanwhenballotscanbeprinted 15 http://www.sos.wa.gov/elections/vrdb/VRDBFaq.aspx 16 RCW29A.68.011threedaysfollowingtheofficialcertificationoftheprimaryelectionreturnsandshallbe heardandfinallydisposedofbythecourtnotlaterthanfivedaysafterthefilingthereof. 17 Ex7ArticleIIU.S.Constitution PLAINTIFFSMOTIONFORORDERTOSHOW4OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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15. The qualifications to be President of the United States are found in the United States
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14. RCW 29A.68.011 gives an elector standing to ask for the removal of and/or challenge to
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16. Two of the three Constitutional qualifications are affirmed on the Washington State Secretary of State website under Descriptions of Elected Offices: President/Vice President it states: The President must be at least 35 years of age and a natural born U.S. citizen. 18 17. Washington Administrative Code (WAC) requires that a candidate possess all qualifications of the office at the time of candidate filing, a candidate must satisfy this
requirement at the time of candidate filing and can not rely on possessing the qualifications at a later time 19
18. The Secretary of State as chief election officer shall make reasonable rules in accordance with chapter 34.05 RCW not inconsistent with the federal and state election laws to effectuate any provision of this title and to facilitate the execution of its provisions in an orderly, timely,
that end the secretary shall assist local election officers by devising uniform forms and procedures. 20 (Emphasis added)
19. The Secretary devised a Declaration of Write-In Candidacy form for President or Vice
President states; I declare that the above information is true, that I am a natural born citizen of the United States residing at the address listed above, that I am a write-in candidate for the
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office as indicated above, and that, at the time of filing this write-in declaration, I am legally
qualified to assume office. 21 (Emphasis added) The Washington State Constitution describes that the mode of administering an oath, shall be such as may be most consistent with and
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Ex8SOSPresidenteligibilityqualifications WAC434215170 20 RCW29A.04.611 21 Ex9SOSWriteInPresidentialCandidateform PLAINTIFFSMOTIONFORORDERTOSHOW5OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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President. That form contains an oath. The oath on the Write In Declaration for President or Vice
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and uniform manner relating to any federal, state, county, city, town, and district elections. To
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binding upon the conscience of the person to whom such oath, or affirmation, may be administered. 22 20. On the Write In form the Secretary instructs Write-In Candidates for President or Vice President that, before they sign the oath, You must ensure that you meet all qualifications of the office. The Secretary has acknowledged those qualifications to be; that they are at least 35 years of age, are a natural born citizen of the United States and are otherwise legally qualified to assume the office. 23
21. The Write In Presidential Candidacy Oath is given substantial weight by the Secretary. Plaintiff received a response from the SOS Election Department wherein they state they would not accept a Write In Declaration of Candidacy for President or Vice President without signing
oath, the declaration is not deemed valid. 24
Original Birth Certificate Is The Primary And Preferred Level of Evidence For Establishing Citizenship Status And Age: Two of the Eligibility Requirements To Be A
22. The Social Security Administration (SSA) establishes proof of U.S. citizenship status by viewing the authentic, original birth certificate (or an authentic certified copy thereof) which
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confirms the place and time of birth along with the parents age and place of birth. 25
23. When applying for a Social Security Number (SSN) an original birth certificate is considered by the SSA as the primary and preferred level of evidence of age and citizenship. The SSA
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Ex10WashingtonStateConstitution,Oath Ex9SOSWriteinPresidentialCandidateform 24 Ex11SOSApril17,2012emailtoLindaJordan 25 Ex12SSAProgramOperationsManagementSystem(POMS)RM10210.505,SSAHandbook1705Proofofage, 1725ProofofU.S.citizenship PLAINTIFFSMOTIONFORORDERTOSHOW6OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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Presidential Candidate In Washington State
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the oath, If a candidate submits any type of declaration of candidacy form without signing the
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stipulates that they require an original birth certificate or a U.S. hospital record of your birth (created at the time of birth). 26 24. To establish identity 27
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and the authenticity 29 of documents, the SSA cross checks the data
tied to a persons SSN to information from their birth certificate, and visa versa, which has been placed on the SSA Numident file. Program Operation Management System (POMS) GN
00203.020 Identity of Claimants, 2. Establishing the identity of the claimant, The purpose of the identification of the claimant is to establish that he or she is the person alleged. Verify the
claimants identity by confirming the information on the Numident. Obtain the following information using open-ended questions: claimants name (What is your name?). Social Security Number (SSN) (What is your social security number?). (Emphasis added)
evidence that the SSN Candidate Obama is using was never issued to him. This would make verification of data on Obamas original birth certificate, using his SSN through the SSA process, which is also used by Homeland Security, problematic. 30
on Obamas long form Certificate of Live Birth 31 , acknowledged the importance of authenticating birth certificates in order to verify the age of Little League baseball players,
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[Onaka] said he is also working with passport offices and even the Little League Association
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Ex13SSAPOMSGN00302.530,GN00302.057 Ex14SSAPOMSRM10210.270,GN00203.020 28 Ex15POMSRM10210.210 29 Ex16SSAPOMSRM10210.260 30 Ex17PlaintiffattainedanAffidavitfromSusanDaniels 31 Ex18HawaiiVerificationofBirth,May22,2012 PLAINTIFFSMOTIONFORORDERTOSHOW7OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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26. Alvin T. Onaka, the Hawaii Vital Records Registrar, who did not or could not verify the data
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25. Plaintiff read an Affidavit by Private Investigator Susan Daniels who provided credible
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on a system to verify birth certificates of the players to prove they are in the right age brackets. 32 (Emphasis added) 27. The SSA and Immigration and Naturalization Service (INS) rely on two fundamental principles in order to establish citizenship status: jus soli, or right of birthplace, and jus sanguineous, or right of blood (deriving citizenship through parents citizenship). 33 An original birth certificate is needed in any attempt to prove jus soli or jus sanguineous.
Candidate Obama Acknowledged the Importance Of An Original Birth Certificate In Order To Establish Citizenship Status and Eligibility As A Presidential Candidate
28. In 2008 Obama made public his purported birth certificate, a short form computer generated Certification of Live Birth from Hawaii (posted again on the White House Website 4/27/11) 34
General Counsel Bob Bauer detailed how two certified photocopies of Obamas original 1961 long form Certificate of Live Birth 35 were attained from the Hawaii Department of Health (Hawaii DOH) and then one of them was posted on the White House website. 36
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29. On April 27, 2011 Candidate Obama held a press conference wherein he and White House
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30. The motivation expressed at the Press Conference by Obama and Bauer, for revealing what they said was Obamas original 1961, long form Certificate of Live Birth, was to assure the
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American public, including our Secretary of State, that Obama has an authentic original birth
32 33
Ex19StarBulletin,Statreportingearnshonor:AlvinOnakaguidesstatevitalstatistics,July14,2008 Ex20SSAandINScitizenshipcriteria 34 Ex21ObamapurportedShortformCertificationofLiveBirthposted2008andApril27,2011 35 Ex22ObamapurportedlongformCertificateofLiveBirthpostedApril27,2011 36 Ex23ObamaApril27,2011PressStatement 37 Ex24BauerApril27,2011WhiteHousePressGaggleQuestions/Answers 38 Ex25LasVegasSun(4/27/11),StarAdvertiser(4/27/11),WestHawaiiToday(4/27/11) PLAINTIFFSMOTIONFORORDERTOSHOW8OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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Conference was covered by the national media. 38
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37
The Press
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certificate that confirms his age, Hawaiian birth place, and citizenship status proving that he is eligible to be a Presidential candidate. (Ex 23) (Ex 24) 31. The Seattle Times reported that since 2008 Obama continued to face repeated questions about the controversy surrounding his birth place and had grown incredulous over it. The decision to release the original birth certificate now, not one, two or three years earlier, was the result of Obamas impatience at people who kept questioning his nativity story. 39
32. This motivation, to prove Obamas citizenship status, birth place and eligibility, by releasing the original birth certificate, was reiterated in January 2012 by Georgia attorney Michael Jablonski representing Obama in David Farrar v. Barack Obama. In his Motion To Quash Subpoenas Jablonski writes, The President made the documents [birth certificates] available
acquiring a copy of the record of birth, informally known as the long form, making it available to anyone who cares to check the [White House] website.the birth certificates [Obama] made available to the public prove citizenship. 40 (Emphasis added)
public still had about his eligibility, As many of you have been briefed, we provided additional information today about the site of my birth. Now this situation [allegations about Obamas
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citizenship status and birth certificate] has been going on for two, two and a half years nowWe do not have time for this kind of silliness. (Ex 23) 34. These facts demonstrated to Plaintiff that Obama showed a sufficiency of intention to use the
Certificate of Live Birth, posted on the White House Website on April 27, 2011, as proof to
39 40
Ex26SeattleTimesBirthcertificate:WhyNow?ObamadecidedenoughwasenoughApril28,2011 Ex27JablonskiMotiontoQuashpg.12OSAHSECSTATECE121513660MALIHI PLAINTIFFSMOTIONFORORDERTOSHOW9OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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33. At the April 27th, 2011 Press Conference Obama specifically addressed the concerns the
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to the general public by placing it on his website.the President took the extraordinary step of
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174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193
every elector and every Secretary of State, of his citizenship status, age and eligibility to be a candidate for President of the United States. 35. Plaintiff took Obama up on his invitation to view said document. The document Plaintiff viewed and researched is integral to and explicitly relied upon in this complaint. The Presumption of Truth The Secretary Initially Affords Candidates Has Been Undermined Concerning Candidate Obamas Eligibility
36. Plaintiff researched Hawaii law concerning vital records that requires signatures on original
birth certificates to be made in permanent ink.41 Hawaii Public Health Regulations Title: Vital Statistics, Registration & Records. Chapter 8, Certificates of Vital Statistics Events, Section 1. Preparation. Certificates of vital statistics events are to be filled in by typewriter or in ink. If ink
ink. In all other respects, the certificates shall comply with provisions of Section 57-14, R.L.H. 1955. 42 (Emphasis added) Like most people today it has been standard practice for many years for Plaintiff to buy software, learn about it and use it successfully. The software and
mother on the Certificate of Live Birth, posted on the White House website on April 27th, 2011, and saw that it goes from pixels that are consistent with ink to non-ink pixels one letter to the
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next. The pixels in the 'Ann' and the 'D' in Dunham are consistent with ink written penmanship.
But, right next to it, the unham and Obama have no visible pixilation, revealing that this part of the signature was computer created andis not even penmanship. It did not take a trained
41 42
Ex28HawaiiInkReportbyLindaJordan Ex29HawaiilawonBCsignatures/ink PLAINTIFFSMOTIONFORORDERTOSHOW10OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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computer lexicon is not foreign to me. Using my computer I looked at the signature of Obamas
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is used only permanent ink will be acceptable. All signatures are to be made with permanent
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194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213
eye to see this anomaly. 43 Plaintiff concluded, based on research of Hawaii Vital Records procedures and law, that it was not possible for an authentic signature, on an original 1961 Certificate of Live Birth, to be a compilation of what appears to be a partial ink signature and a confirmed computer created non-ink signature. A scan of an original ink signature, as signatures were required to be in ink by Hawaii law in 1961 and today, would have pixels
consistent with ink pixels throughout the entire signature. This lack of consistency revealed that the signature was a compilation, a forged signature which renders the entire document fraudulent.
37. The inconsistency of the pixels that Plaintiff saw in this report, the fact that the birth certificate was a PDF file and not a scanned photocopy, along with other anomalies noted by
manufactured in the computer and never originally existed in paper form. 38. On March 1 and July 17, 2012 Sheriff Joe Arpaio from the Maricopa County Sheriff Department held a press conference wherein he made public the results of a law enforcement
purporting to be a photocopy of Obamas original 1961 Certificate of Live Birth. His investigators concluded that the document, released by the White House on April 27th, 2011,
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was a computer-created and generated forgery that never existed in paper form. I watched the Press Conferences and found the reports by investigators, document and software experts, detailing elements of the forgery, to be credible. 45
43 44
ER702 Ex30PlaintiffattainedanAffidavitandReportfromsoftwareexpertMaraZebest. 45 Ex31SheriffArpaioReports:Confirmed,ObamaBCForged PLAINTIFFSMOTIONFORORDERTOSHOW11OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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investigation in to the authenticity of the document posted on the White House Website
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software expert Mara Zebest 44 confirmed to Plaintiff that the entire document was completely
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214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234
39. Plaintiff wrote letters to Candidate Obama and the Secretary informing them that the identity document Obama is using to prove eligibility was forged. 46 40. Plaintiff read a March 27th, 2012 decision by the Alabama Supreme Court wherein Justice Tom Parker, In re: Hugh McInnish v. Beth Chapman, 1110665 wrote that , McInnish has attached certain documentation to his mandamus petition, which, if presented to the appropriate forum as part of a proper evidentiary presentation, would raise serious questions about the
authenticity of both the short form and the long form birth certificates of President Barack Hussein Obama that have been made public. McInnish had attached the March 1, 2012 report from the Maricopa County Sheriffs Department. 47
Social Security Administration Guidelines For Detecting Forged Documents
employees examine a document they are to be alert for, Entries that have apparently been altered; Entries that were apparently added at a later date (shown by use of a different typewriter, ink, and/or handwriting); SSA employees are instructed to, Compare the
The size and style of type are uniform; The item numbers are in consecutive order with none missing; If the subsection is lettered with a capital letter, all other subsections will have capital
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letters; The print is clear and clean, not smudged; The lines of print are even and regular; The dates are consistent.
42. Arpaios investigation confirmed that when the SSA criteria for identifying forged documents was applied to the long form birth certificate Obama revealed on April 27, 2011, the
46 47
Ex32LettersfromJordantoObamaandSOS Ex33SupremeCourtJusticeTomParker:SeriousquestionsaboutObamabirthcertificates,McInnish 48 Ex34SSAPOMSRM10210.210,10210.205,00302.530,SSAHandbook1703Evaluatingevidence PLAINTIFFSMOTIONFORORDERTOSHOW12OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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document with a valid one. and look to see if; The printed copy is evenly centered on the paper;
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41. The SSA has developed guidelines for detecting fraudulent documents. 48 When SSA
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235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255
document did not pass muster. The size and style of type are not uniform, the lines of print are not even and regular and there are obvious signs of erasure or cut and paste inserts. Sheriff investigators found entries on the document that were altered; they found entries that were added at a later date where they could clearly identify that a different typewriter, ink, and/or handwriting was inserted. All signs of forgery according to the SSA.
43. In 1961, the purported year of Obamas birth, original long form Hawaiian birth certificates were not created in a computer or generated by a computer. Hawaii DOH did not begin producing computerized vital records until 2001. In an April 27th, 2011 Press Release, announcing that Hawaii DOH had granted Obamas request to get photocopies of his original birth certificate, the Governor of Hawaii, Neil Abercrombie, stated that Hawaii began issuing
Certification of Live Birth and a photocopy of an original birth certificate are different documents. In 2001, the Hawaii State Department of Health began computer-generating vital statistic records. Since then, its longstanding policy and practice has been to issue and provide
records to fulfill requests for certified copies of certificates. 49 (Emphasis added) A Memo was included in the Press Release from the Director of the Hawaii DOH, dated May 15, 2001, which
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stated that, ...the Department of Health will henceforth issue and provide only computer generated abstracts of birth and marriage records and cease to produce photocopies of actual records to satisfy requests for certified copies of certificates 50 (Emphasis added)
49 50
Ex35HawaiiAbercrombiePressReleaseApril27,2011 Ex36HawaiiDOHDirectorMay15,2001statement PLAINTIFFSMOTIONFORORDERTOSHOW13OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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only computer-generated Certifications of Live Birth, and to not produce photocopies of actual
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computer generated vital records in 2001. He reveals that a computer generated short form
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256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273
Obama Waivered 44. This fact, that Hawaii DOH no longer gave out photocopies of original vital records, was important to Plaintiff because in April 2011 Obama and his personal lawyer, Judith Corley, 51 asked Hawaii DOH to grant him a waiver in order to get what they had quit giving out: photocopies of original birth certificates. And Hawaii granted that waiver. 52 Corely flew to Hawaii to pick them up. 53 That a PDF file 54 was posted on the White House Website, not a
scanned photocopy, confirmed to Plaintiff it was not what Obama asked for or what he says he received.
45. White House General Counsel Bob Bauer explained at the April 27th 2011 press conference that, Theres a difference between a certificate and a certification. The certification is simply a
24 pg.10) and regarding the short form Certification of Live Birth, thats a computer generated document, which we posted in 2008, that information is abstracted, if you will, from the original birth certificate, (Emphasis added) (Ex 24, pg. 10-11)
certificate a reporter asks, Q And this is going to sound -- I mean, you can just anticipate what people are going to -- remain unconvinced. Theyre going to say that this is just a photocopy of
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a piece of paper, (Emphasis added) (Ex 24 p.13)
51
Ex37OnApril22,2011ObamaandhispersonallawyerJudithCorleywroteletterstotheDirectoroftheHawaii DOH,LorettaFuddy,askingforawaiverinordertogetcopiesofObamasoriginal1961longformCertificateof LiveBirthinsteadoftheshortformCertificationofLiveBirth,acomputercreatedandgenerateddocument. 52 Ex38HawaiiDOHlettertoObamagrantingwaiver. 53 Ex24WhiteHousePressGagglep22 54 Ex22WhiteHousesannouncestheypostedaPDFfileofObamaslongformbirthcertificate. PLAINTIFFSMOTIONFORORDERTOSHOW14OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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47. Understanding that the White House had received photocopies of the purported birth
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verification of certain information thats on the original birth certificate. (Emphasis added) (Ex
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274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291
48. Software expert Mara Zebest notes in her report (Ex 30) that on the Certificate of Live Birth in question the Hawaii date and registrar stamp, intended to validate the authenticity of the document, were layered on to the document and can be completely lifted off and independently moved around. the ability to remove or reposition the stamp authenticatorsrenders the entire document as fraudulent and manufactured. (Emphasis added)
49. Plaintiff viewed a Verification of Birth 55 for Barack Obama provided by the Hawaii DOH to Arizona Secretary of State Ken Bennett at his request. Plaintiff made a Freedom of
Information Act request to Bennett for all communication between his office and Hawaii DOH concerning the requested verification. 56 Bennett had asked Hawaii to, verify the attached copy of the Certificate of Live Birth for Mr. Obama is a true and accurate representation of the
Certificate of Live Birth for Mr. Obama matched the original record but did not verify that the appearance of the document itself matched the original record. The Hawaii DOH also would not verify that Obama was born in Hawaii stating instead that, A birth certificate is on file with the
(Emphasis added) Indicating is not a verification. This Verification of Birth was not signed by the Hawaii Registrar, Alvin T Onaka, but by someone with the initials gk.
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Best Evidence
55 56
Ex18HawaiiMay2012VerificationofBirth Ex39JordanFOIAtoSOSBennett 57 Ex40SOSBennettLettertoHawaiiDOH PLAINTIFFSMOTIONFORORDERTOSHOW15OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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Department of Health indicating that Barack Hussein Obama II was born in Honolulu, Hawaii.
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original record in your files. 57 Hawaii responded that, the information in the copy of the
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292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309
50. When the authenticity of an original birth certificate is called in to question SSA employees are instructed to ask applicants to request a copy of their original birth certificate if it is available and would not be a hardship to get. 58 51. The standard described by the SSA is supported by Evidence Rule ER1003 and ER1004. 59 The Best Evidence Rule, embodied in FRE 1002, on its express terms, requires the original writing, recording, or photograph to be introduced when offered to prove the content of a writing, recording, or photograph.
Allegedly, It Would Not Be A Hardship For Candidate Obama To Get His Original 1961 Long Form Certificate of Live Birth 60
52. The Hawaii DOH has stated that they retain possession of Obamas original 1961 Certificate
records, Health Department spokeswoman Janice Okubo said. Thats our whole job, to maintain and retain vital records. And We have back ups of our back ups. 61 Obama says he just got copies of the original in April 2011. Accordingly, Hawaii can produce what they say is
comparison to the one posted on the White House Website, to the paper photocopies Obama says
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2012 verification.
58 59
Ex41SSAPOMSGN00301.015,SSAHandbook1702Evidencetobesubmitted. ER1003GenuineQuestionRaisedAboutOriginal,ER1004OtherEvidenceOnlyIfOriginalNotAvailable 60 ER1004(a)(b)Originalrequiredunless 61 Ex42HawaiiOkubostatement,retainingObamaBCrecords 62 Ex24WhiteHouseGagglep. PLAINTIFFSMOTIONFORORDERTOSHOW16OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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his personal lawyer, Judith Corley, picked up from the Hawaii DOH 62 and to their own May
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Obamas original Certificate of Live Birth in the original paper form and microfiche for forensic
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of Live Birth and that they do not get rid of original birth records. We dont destroy vital
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310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331
53. By inviting Plaintiff to view and come to a conclusion about his original 1961 birth certificate, Candidate Obama has conferred a level of expertise to Plaintiff concerning said document. Closing 54. Plaintiff has presented substantial evidence that the purported original, 1961 long form
Certificate of Live Birth, for Candidate Barack Obama, posted on the White House Website on April 27, 2011, is a forgery.
55. Plaintiff has demonstrated that Candidate Obama, whether involved in the forgery or not, has presented this forged document with the express intent to use it as an offer of proof, to every elector in Washington State and to our Secretary of State, that he is an eligible Presidential
56. Plaintiff alleges, with sufficient certainty, that the posting of this alleged original birth document to the White House Website and the ensuing Press Conference, on April 27th, 2011, was fraud, the false representation of a document and the continued concealment of what should
The related crime of uttering a forged document has also occurred because someone posted an inauthentic identity document with the intent to pawn it off as a genuine scanned photocopy of
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Obamas original 1961 Certificate of Live Birth. 57. A forged document can not prove eligibility and the introduction of this forgery, by Candidate Obama, undermines the presumption of truth the Secretary affords candidates. For this
reason Obamas name should be kept off the 2012 General Election ballot as a candidate for president.
PLAINTIFFSMOTIONFORORDERTOSHOW17OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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have been disclosedObamas original long-form Certificate of Live Birth, if it indeed exists.
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Candidate.
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332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352
58. After reviewing the law and SOS procedures Plaintiff concluded that the Secretary has a duty to uniformly carry out federal elections and to create uniform forms and procedures. The Secretary instructs Write-In Candidates for President and Vice President to sign an Eligibility Oath and instructs them, before they sign the oath, You must ensure that you meet all qualifications of the office.
59. The Secretary has certified Candidate Obamas name for the ballot without instructing him to meet the qualifications and without receiving a signed eligibility oath.
60. The Secretary is violating WAC 434-215-165 by certifying the names of major party Presidential and Vice Presidential Candidates for the General Election ballot without receiving a Certificate of Nomination 63 nomination process.
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and a list of electors from said party resulting from their
Signed_____________________________________, Seattle Washington.
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63 64
Notary Signature ____________________________________.
Ex2SOSAppearingonthePresidentialBallot,2012 Ex43KingCountyCandidateGuide2012 PLAINTIFFSMOTIONFORORDERTOSHOW18OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED
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Linda Jordan
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Date___________________________________.
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Exhibit & Citation Index: Linda Jordan v. Secretary of State, Sam Reed Jordan Affidavit Exhibit & Citation List 1. Ex 1 Voter Registration 2. Rule ER 602 Personal Knowledge 3. RCW 29A.68.011 (1)(3) 4. Rule ER 401,601,904,902 5. RCW 29A.56 RCW 29A.04.067 6. Ex 2 Page/Line in Affidavit pg.1 L20
Appearing on the Presidential Ballot in Washington State pg. 4 (http://www.sos.wa.gov/_assets/elections/Appearing-on-the-Presidentialballot.pdf)
9. Ex 4 Convention Schedule 10. RCW 29A.56.030
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8. Ex 3 SOS Write In candidate form for President pg.3 L40 (http://www.sos.wa.gov/_assets/elections/Presidential%20Write-in%20form.pdf) pg. 3 L45 pg. 3 L52 pg. 3 L53 pg. 3 L57 pg. 4 L58 pg. 4 L62
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11. Ex 2 Pg.4
12. RCW 29A.68.011 (1)(3)
13. Ex 5 SOS Primary Election Certification 14. Ex 6 Email from SOS to Linda Jordan Ballots can be printed as early as August 24, 2012 15. SOS website, over 3 million voters
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7. WAC 434-215-170
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pg. 2 L29 pg. 2 L31 pg. 2 L34 pg. 2 L38 pg. 3 L39 pg. 4 L63
pg. 1 L20
Linda Jordan Affidavit: Exhibit & Citation List http://www.sos.wa.gov/elections/vrdb/VRDBFaq.aspx 16. RCW 29A.68.011(1)(3) 17. RCW29A.68.011 18. Ex 7 U.S. Constitution Article II Section 1 Clause 5 19. Ex 8 SOS Description of Elected Offices/Eligibility
Page/Line in Affidavit
pg. 4 L65 pg. 4 L68
http://www.sos.wa.gov/_assets/elections/Office_Descriptions.pdf
20. WAC 434-215-170 21. RCW 29.A.04.611
22. Ex 9 SOS Devised Form for Write In Presidential
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http://www.sos.wa.gov/office/search.aspx?query=description+of+presidential+qual ifications pg. 5 L83 pg. 5 L89 pg. 5 L95
http://www.sos.wa.gov/_assets/elections/Presidential%20Write-in%20form.pdf 23. Ex 10 Washington State Constitution/Oath
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Candidates
Write In Candidate Form Not Valid Without Eligibility Oath 26. Ex 12 SSA POMS RM 10210.505 pg. 6 L114
Birth Certificate needed to prove citizenship status/age (Program Operation Management System POMS) https://secure.ssa.gov/poms.nsf/lnx/0110210505 SSA Handbook, 1705 Proof of age,1725 Proof of citizenship
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25. Ex 11 Email From SOS Elections to Linda Jordan
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24. Ex 9 SOS Devised Form for Write In Pres. Candidate
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pg. 5 L79 pg. 6 L98 pg. 6 L103 pg. 6 L108
pg. 4 L76
Linda Jordan Affidavit: Exhibit & Citation List
Page/Line in Affidavit
http://www.ssa.gov/OP_Home/handbook/handbook.17/handbook-1705.html http://www.ssa.gov/OP_Home/handbook/handbook.17/handbook-1725.html 27. Ex 13 SSA says Birth Certificate Primary and Preferred Level evidence of age/citizenship status. POMS GN 00302.530 https://secure.ssa.gov/poms.nsf/lnx/0200302530 pg. 7 L118
POMS GN 00302.057 https://secure.ssa.gov/poms.nsf/lnx/0200302057 28. Ex 14 (26) SSA POMS RM 10210.270, GN 00203.020 29. Ex 15 (27) 30. Ex 16 (28) SSA POMS RM 10210.210
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SSA POMS RM 10210.260
32. Ex 18 Hawaii DOH BC Verification
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31. Ex 17 Susan Daniels Affidavit
Little League Birth Certificates for age.
http://archives.starbulletin.com/2008/07/14/news/story07.html
34. Ex 21 Obama purported Short form
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https://secure.ssa.gov/poms.nsf/lnx/0110210500 pg. 8 L144
Certification of Live Birth posted 2008 and April 27, 2011. http://www.whitehouse.gov/sites/default/files/rss_viewer/birth-certificate.pdf 35. Ex 22 White House Blog Long Form BC released. pg 8 L147
http://www.whitehouse.gov/blog/2011/04/27/president-obamas-long-form-birthcertificate
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34. Ex20 SSA INS Citizenship SSA POMS 10210.500
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33. Ex 19 Hawaii Article on Onaka reviewing
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pg. 7 L130 pg. 7 L132 pg. 8 L136
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pg. 7 L119 pg. 7 L119 pg. 7 L119 pg. 8 L139
36. Ex 23 Obama April 27, 2011 Press Statement Linda Jordan Affidavit: Exhibit & Citation List
pg. 8 L148 Page/Line in Affidavit
http://www.whitehouse.gov/the-press-office/2011/04/27/remarks-president 37. Ex 24 White House General Counsel/Press Gaggle pg. 8 L148
38. Ex25 News coverage of Press Conference White House Press Conference 39. Obama Press Statement/Bauer Press Gaggle (Ex 22 and Ex 23)
41. Ex 27 Obama attorney Jablonski
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40. Ex 26 Seattle Times article, Why now?
Jablonski Motion to Quash pg.1-2 OSAH-SECSTATE-CE-1215136-60-MALIHI 42. Obama press statement.
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Obama releases BC to prove citizenship.
Signature of Obamas Mother forged. 44. Ex 29 Hawaii law signatures on BC pg. 10 L186
must be made in ink.Hawaii Public Health Regulations, Chapter 8 http://gen.doh.hawaii.gov/sites/har/AdmRules1/8%208A%20B%20VR%20Admin %20Rules.pdf 45. ER 702
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43. Ex 28 Hawaii Ink Report by Linda Jordan
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(Ex 22)
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pg.9 L154 pg. 9 L158 pg. 9 L166 pg. 9 L171 pg. 10 L181
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pg. 8 L149
http://www.whitehouse.gov/the-press-office/2011/04/27/press-gaggle-presssecretary-jay-carney-4272011
46. Ex 30 Software expert Mara Zebest Affidavit 45. Ex 31, 32 March 1, 2012 and July 17, 2012 Linda Jordan Affidavit: Exhibit & Citation List
pg. 11 L204 pg. 11 L213 Page/Line in Affidavit
Press Release and Results of Sheriff Arpaio investigation. http://www.mcso.org/MultiMedia/PressRelease/Sheriffreleasesobamafindings.pdf http://www.mcso.org/MultiMedia/PressRelease/Birth%20Certificate%20Investigat ion%20Part%20II.pdf 46. Ex 33, Alabama Supreme Court Justice
Tom Parker, Serious questions raised about both Obama BCs 47. Ex 34 SSA POMS RM 10210.210 Reviewing age, identity, citizenship.
https://secure.ssa.gov/poms.nsf/lnx/0110210210 RM 10210.205
Policy for reviewing and verifying evidence for SSN https://secure.ssa.gov/poms.nsf/lnx/0110210205 RM 00302.530
https://secure.ssa.gov/poms.nsf/lnx/0200302530 SSA Handbook. 1703 Evaluating evidence. http://www.ssa.gov/OP_Home/handbook/handbook.17/handbook-1703.html 48. Ex 35 Hawaii Governor Press Release Obama given photocopies of original BC pg. 13 L250
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Hospital birth records.
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pg. 12 L222
pg. 12 L224
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(http://hawaii.gov/gov/newsroom/press-releases/hawaii-health-department-grantspresident-obamas-request-for-certified-copies-of-long-form-birth-certificate 49. Ex 36 2001 Hawaii DOH Memo Linda Jordan Affidavit: Exhibit & Citation List No more photocopies just computer generated BC http://hawaii.gov/gov/newsroom/press-releases/hawaii-health-department-grantspresident-obamas-request-for-certified-copies-of-long-form-birth-certificate pg. 13 L254 Page/Line in Affidavit
http://www.whitehouse.gov/sites/default/files/rss_viewer/birth-certificatecorrespondence.pdf
Yes you can have copies of original BC
53. Ex 24 pg. 8, 10, 11 Bauer Press Gaggle explains pg. 14 L265-269 difference between Certification and Certificate, Obama lawyer got copies of BC 54. Ex 24 Press asks question about photocopy of BCpg. 15 L273 55. Ex 30 Mara Zebest Affidavit, Onaka authenticating pg. 15 L278
Stamp can be independently moved on Obama BC, renders BC fraudulent. 56. Ex 39 Hawaii Verification of Birth 57. Ex 40 Jordan FOIA letter to SOS Bennett Linda Jordan Affidavit: Exhibit & Citation List pg. 15 L279 pg. 15 L282 Page/Line in Affidavit
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http://www.whitehouse.gov/sites/default/files/rss_viewer/birth-certificatecorrespondence.pdf
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(http://hawaii.gov/health/vital-records/obama.html)
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51. Ex 38 Fuddy letter to Obama
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50. Ex 37 Letter to Fuddy from Obama, and lawyer wants original BC
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pg. 14 L260
58. Ex 41 Bennett letter to Hawaii DOH 59. Ex 42 SSA POMS Section: GN 00301.015 Best evidence, original document https://secure.ssa.gov/poms.nsf/lnx/0200301015, SSA Handbook 1702 Evidence to be submitted
pg. 15 L284 pg. 16 L294
60. ER 1003 Genuine Question raised about original, ER 1004 Other Evidence only if original not available
61. Ex 43 Hawaii News Hawaii DOH retains Obama original BC pg. 16 L304 (http://www.msnbc.msn.com/id/42519951/ns/politics-more_politics/t/ex-hawaiiofficial-denounces-ludicrous-birther-claims/#.TwyMkqVIrKg)
62. Ex44 King County 2012 Candidate Manuel
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http://www.usatoday.com/news/nation/2009-07-27-obama-hawaii_N.htm pg. 18 L341
63. Ex 2 SOS Appearing on the Presidential Ballot
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http://your.kingcounty.gov/elections/candidate/pdfs/candidate-manual.pdf pg. 18 L341
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pg. 16 L300
http://www.ssa.gov/OP_Home/handbook/handbook.17/handbook-1702.html
pg. 16 L295

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
x Expedite
Nohearingset XHearingisset Date:September7,20129:00AM Judge/Calendar:LisaSutton
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THURSTON COUNTY Linda Jordan Plaintiff v. Secretary of State Sam Reed Defendant ) ) ) ) No. 12-2-01763-5
MEMORANDUM AND APPENDIX OF LAW IN SUPPORT OF PLAINTIFFS MOTION FOR ORDER TO SHOW CAUSE
______________________________________________________________________________ 1. Courts Affirm That Electors Have A Legitimate Interest In The Integrity Of Elections The Supreme Court has noted that public confidence in the integrity of the electoral process has independent significance, [aside from the State interest to prevent voter fraud] because it encourages citizen participation in the democratic process. 1 The Supreme Court has recognized the right to vote as a judicially cognizable interest. 2
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Crawford,ETALv.MarionCountyEtAl,553U.S.2008,p.13 See,e.g.,Reynoldsv.Sims,377U.S.533,544(1964))
PLAINTIFFSMOTIONFORORDERTOSHOWLINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW1OF10 LINDAJORDANV.SECRETARYOFSTATESAMREED
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The Anderson Court concluded that presidential selection procedures implicate a uniquely important national interest because the President and the Vice-President of the United States are the only elected officials who represent all the voters in the Nation. 3 From the Anderson case; "Nevertheless, as we have recognized, the rights of voters and the rights of candidates do not lend themselves to neat separation; laws that affect candidates
The Jimmy Carter Commission on the integrity of elections concluded in part that, "The
electoral system cannot inspire public confidence if no safeguards exist to deter or detect fraud or to confirm the identity of voters." 5
Confirming the identity and citizenship status of candidates is of equal importance. The Supreme Court has long recognized that, "as a practical matter, there must be a substantial
chaos, is to accompany the democratic process." 6
2. The Court Has Found That Eligibility Requirements Are Legal In Dumas v. Gagner the Court found that States can restrict candidates by requiring they meet
an election, such as requirements for notice, have been held to be directory onlyBut provisions
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CNCLofAlternativev.HooksNo.985256(CitingAnderson,460U.S.at794) Bullockv.Carter,405U.S.134,405U.S.143(1972) 5 Ex1BuildingConfidenceinU.S.ElectionsReportoftheCommissiononFederalElectionReformSeptember2005 6 Burdick,504U.S.at433(quotingStorer,415U.S.at730). 7 Statutoryprovisionsregardingqualificationsofcandidates,suchasaresidencerequirement,directlyand substantivelyaffectanelectionbecausetheyplacerestrictionsuponwhocanbeacandidate,and,consequently, arenotmeretechnicalities.
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eligibility qualifications. 7 The Court also noted that, Statutory provisions relating to conduct of
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regulation of elections if they are to be fair and honest and if some sort of order, rather than
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always have at least some theoretical, correlative effect on voters." 4

which affect the merits are mandatory, and, if not followed would void an election. 8 (Emphasis added) Electors have a vested interest in the eligibility requirements placed on candidates and have an expectation that the Secretary will enforce eligibility requirements. While the Courts have generally interpreted eligibility requirements liberally, so as to ensure more candidates can attain
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qualification of ineligible candidates. Recently, in New Jersey, the Democrat National
Committee, arguing that Candidate Obama does not have to prove he is an eligible candidate,
asserted that if Mickey Mouse was nominated as a presidential candidate the Secretary of State would have no choice but to place the cartoon character on the ballot. Plaintiff disagrees. In Washington State the Secretary has legal standing to reject candidates who are not eligible on the
a candidate is using a forged identity document to prove eligibility, which is a crime, the Secretary has an obligation to keep that candidate off the ballot. 3. Treating candidates equally is, as a matter of law, an important state interest. 11 Candidate Obama should be held to the same instruction that the Secretary holds Write In Candidates for President and Vice-President to: they have to swear an eligibility oath and if they dont swear the oath their declaration will not be accepted. Putting forth Candidate Obamas name for placement on the General Election Ballot, before a Nomination Certificate and list of
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DUMASv.GAGNER971P.2d17(1999)SupremeCourtofWashington,EnBanc.ArguedDecember8,1998 Ex22012KingCountyCandidateManuelTheofficerwithwhomdeclarationsarefiledshallrevieweach declarationforcompliancewiththislaw. 10 Ex3SOSCanyourejectaDeclaration? 11 See,e.g.,CouncilofAlternativePoliticalPartiesv.Hooks,179f3d.64,78(3dCir.1999)
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plain face of it and to reject candidates who do not qualify. 9
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a qualified status versus fewer, they have never extended that liberal view to include the

electors has been submitted, violates WAC 434-215-165. 12 By doing so the Secretary also fails to equally apply, to all President and Vice-President candidates, the substantial weight applied to the eligibility oath and instructions on the Write In Declaration form for President and Vice President. The intent of this oath is to compel candidates to tell the truth about their eligibility, to deter fraud and to safeguard the integrity of representative government.
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Law Professor Daniel P. Tokaji asserts that states have the right to consider and determine if a Presidential candidate is indeed eligible. 13 5. Forged Identity Document A Critical Issue
There are plenty of red flags to indicate Obama is being less than truthful about his nativity story and citizenship status. 14 However, Plaintiffs first focus is on the forged identity document that
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Ex4In2008theDNCsubmittedtheirNominationforObamatotheSOSonAugust28thelastdayoftheir convention.KitsapCounty2008ElectionCalendarshowsthattheSecretarycertifiedtheprimaryfortheGeneral ElectionballotbetweenSept.39.SixtoeightdaysafterreceivingtheNomination. http://www.kitsapgov.com/aud/elections/archive/08/electioncalendar.pdf 13 Ex5LawProfessorDanielP.Tokajiwrites,Statecourtlitigationmightproceedasalawsuitseekingtokeepa presidentialcandidateofftheprimaryorgeneralelectionballot,onthegroundthatheorshedoesnotsatisfythe requisitequalifications.Thereexistssomerecentprecedentforthistypeofcase.In2004.registeredvotersin Pennsylvaniafiledsuitinstatecourt,seekingtohavethenamesofindependentcandidateNaderandhisrunning matePeterCamejoexcludedfromtheballot,...AlthoughthePennsylvaniaSupremeCourtfoundthatitsstatute didnotinfactjustifytheexclusionofNaderandCamejofromtheballot,therewasnodoubtastothestatecourt's abilitytoentertainachallengetoapresidentialcandidate'squalificationsinthecourseofdeterminingwhetherto denythatcandidateaccesstothestateballot.Tokajialsowrotethat,thereisnorequirementthataPlaintiffina statecourtlawsuitmeettheArticleIIIorprudentialrequirementsforstandingandthatthefederalpolitical questiondoctrinedoesnotbarstatecourtlitigationseekingtoexcludeapresidentialcandidatefromtheballoton thegroundthatheorsheisineligible. 14 Ex6Ina1991bio,writtenbyObamaand/orhisliteraryagentDystel&Goderich,Obamaissaidtohavebeen borninKenya.DystelrecentlysaidthatObamawrotethatbioorapprovedofit.Obamasbiowasupdatedon DystelswebsiteafterhisDreamsbookwaspublished(1995)andObamasbirthplacewasleftasKenya.In2007 thefollowingbioofObamawasstillontheirwebsite,BarackObamaisthejuniorDemocraticsenatorfromIllinois andwasthedynamickeynotespeakeratthe2004DemocraticNationalConvention.HewasalsothefirstAfrican AmericanpresidentoftheHarvardLawReview.HewasborninKenyatoanAmericananthropologistandaKenyan financeministerandwasraisedinIndonesia,Hawaii,andChicago.Hisfirstbook,DREAMSFROMMYFATHER:A STORYOFRACEANDINHERITANCE,hasbeenalongtimeNewYorkTimesbestseller.
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Candidate Obama is using in an attempt to prove his eligibility to be a candidate. Plaintiff would
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4. State Court Is The Appropriate Place To Settle A Presidential Eligibility Claim
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directly address the Constitutional eligibility issue if the Secretary or Candidate Obama introduced an authenticated birth certificate but at this stage the forged document is the matter at hand. A forged birth certificate can not be used to prove anything except that someone has engaged in the act of forgery and, in this case, that Candidate Obama is using a forged birth certificate to gain access to the ballot. Plaintiff has stated the particulars of the forgery in detail
that Candidate Obama did not know things were not what they seemed concerning his original long form Certificate of Live Birth. Between 2008 and 2012 Candidate Obama has had his
eligibility lawyers arguing in court challenges all over the country that he did not have to show anyone a copy of his original, long form Certificate of Live Birth. In December 2010, just four months before he decided to set his original birth certificate free, Obama watched a
prison rather than release it. 16 Over three years, millions of dollars? and one destroyed military career later Candidate Obama all of a sudden, and with great fanfare, decides to post his original birth certificate on the White House Website simply because he was tired of all this silliness. Hogwash. Obama had a habit of refusing to release his original birth certificate. A pattern of going to court over and over and over again to fight anyone who asked him to produce it. According to one of his lawyers Obama was in court 68 times refusing to produce the document. 17 His decision to release it on April 27, 2011 was completely out of his routine. 18 In
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RULE9:PLEADINGSPECIALMATTERS(b)Fraud,Mistake,ConditionoftheMind.Inallavermentsoffraudor mistake,thecircumstancesconstitutingfraudormistakeshallbestatedwithparticularity.Malice,intent, knowledge,andotherconditionofmindofapersonmaybeaverredgenerally. 16 Ex7ArticleonTerryLakin 17 Ex8Jablonski,Georgiacase,January2012 18 ER406Habit,Routine,Practice
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distinguished military surgeon, husband and father (Terry Lakin) be court marshaled and sent to
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and can speak in generalities as to Obamas knowledge about that forgery. 15 It is inconceivable
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a calculated move Candidate Obama, who could no longer deny that questions about his eligibility were a problem in his re-election campaign, had to reveal something to shut people up. It is unlikely that Candidate Obama actually uploaded the forged document on to the White House Website but there is no doubt in Plaintiffs mind that Candidate Obama knew the document was a forgery. Candidate Obama may not escape liability because he looked the other
writes that, Actual knowledge and deliberate avoidance of knowledge where the defendant cut off his normal curiosity by an effort of will are the same thing. If you find the defendant had a strong suspicion that things were not what they seemed or that the defendant knew or strongly suspected that he was involved in criminal activity but deliberately avoids learning so, then you may conclude that he acted knowingly. 19
with the cover of plausible deniability. A reporter at the White House Press Conference on April 27, 2011 wondered if one of the photocopies of the original birth certificate was going to be available for public view, he asked, Q Will the President be holding it? MR. PFEIFFER: He
adamant about keeping a mans own birth certificate out of his own hands? Plaintiff contends that the facts demonstrate there is no plausible deniability in the present instance. Obama can not claim the Ostrich Defense by sticking his head in the sand or the Toddlers Defense by sticking his fingers in his ears and yelling La, la, la, la, la really loud. For over a year Candidate Obama has knowingly proffered a forged identity document to the American
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UnitedStatesv.WilliamNo.991157,JudgeFlaum April27,2011WhiteHousePressGaggle
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will not, and I will not leave it here for him to do so. 20 Why on earth would anyone be so
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A clear attempt was made, as evidenced in the exchange below, to provide Candidate Obama
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way when the actual deed was done. In United States v. William No. 99-1157, Judge Flaum
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voters and to our Secretary of State in an attempt to prove he is a qualified Presidential Candidate for the 2012 general election and in an attempt to defraud the United States of America. 6. Plaintiffs Motion to Show Cause and Affidavit Alleged With Sufficient Certainty Under the Washington State Supreme Court Rules of Procedure, pleadings are primarily
asserted. 21 RCW 29A.68.030 provides that "no statement of contest may be dismissed for want of form if the particular causes of contest are alleged with sufficient certainty." 22
In re Election Contest Filed by Coday ( 497 156 Wn.2d 485, March 2006) the Washington State Supreme Court stated that, "Sufficient certainty" is not defined in the statute, nor have we had occasion to define that particular term. However, in previous election contest cases, this court
[a]though Respondent's petition did not cite specific subsections of the [election contest] statute, sufficient facts and law were stated concerning the nature of the claim to bring the petition under the statute. Although the petition is not a model of pleading, it is nevertheless adequate so long as it is sufficient to satisfy necessary legal requirements. And Although we did not indicate what the "necessary legal requirements" are in an election contest petition or affidavit, we referred to the standard articulated in Lightner v. Balow, 59 Wn.2d 856, 370 P.2d 982 (1962). In Lightner, this court recognized that "a complaint should not be dismissed for failure to state a
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Dumasv.GagnerFeb.1999137Wd.2d268)(Lightnerv.Balow,59Wn.2d.856,858,P.2d.982(1962). RCW29A.68.030 23 SeeDumasv.Gagner,137Wn.2d268,282,971P.2d17(1999).
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has utilized generally applicable, liberal pleading rules. 23 In Dumas, .we observed that
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intended to give notice to the court and to the opponent of the general nature of the claim
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claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." 24 7. Birth Certificate Critical To Proving Eligibility As Presidential Candidate Plaintiff asserts that verifying the authenticity of a Presidential Candidates birth certificate, in an attempt to prove age, identity and citizenship status, is more important than verifying the birth
been acknowledged by the government as the primary document to prove age and a natural
born citizenship status which are recognized by the Secretary as eligibility requirements. The United States Citizenship and Immigration Service recognizes the natural born citizenship status, which is required by the Constitution and Washington State in order to qualify as a presidential candidate, as distinct from a naturalized or native citizen. From, Interpretation
the above statutes was not to erase the previous period of alienage, but to restore the person to the status if naturalized, native, or natural-born citizen, as determined by her status prior to loss. 324.2 (3)(a) provides: The repatriation provisions of these two most recent enactments also apply to a native- and natural-born citizen woman who expatriated herself by marriage to an alien and 324.2 (7) states The words "shall be deemed to be a citizen of the United States to the same extent as though her marriage to said alien had taken place on or after September 22, 1922", as they appeared in the 1936 and 1940 statutes, are prospective and restore the status of native-born or natural-born citizen (whichever existed prior to the loss) as of the date
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Lightner,59Wn.2dat858(quotingSherwoodv.MoxeeSch.Dist.No.90,58Wn.2d351,353,363P.2d138 (1961)(quotingConleyv.Gibson,355U.S.41,45,78S.Ct.99,2L.Ed.2d80(1957). 25 Ex9HawaiiRegistrarOnakaChecksBCsofLittleLeaguePlayerstoverifyage.
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324.2 (8)(b), Reacquisition of citizenship lost by marriage. The effect of naturalization under
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certificate of a Little League baseball player to confirm age. 25 An authentic birth certificate has

citizenship was reacquired. 26 (Emphasis added) (Interpretations are intended to supplement and clarify the provisions of the statute and regulations as interpreted by the courts. ) Plaintiff has provided substantial evidence that Candidate Obamas long form, 1961 Certificate of Live Birth is forged. Substantial evidence exists where there is a sufficient quantity of evidence in
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can prove no set of facts, consistent with the complaint, which would entitle the plaintiff to relief' 28 Any eligibility claim made by Candidate Obama or by the Democrat National Committee on his behalf can not be assumed to be true or relied upon by the Secretary and indeed must be assumed to be suspect until proven otherwise in a court of law by a forensic inspection of the original paper Certificate of Live Birth and microfiche. If there is an attempt to
Secretary and/or Candidate Obama would still need to overcome the fact that a forged identity document was used to prove his eligibility to be a Presidential Candidate in the 2012 General Election.
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Ex10U.S.CitizenshipandImmigrationServicedefinesnaturalborncitizen INRE:theCONTESTEDELECTIONOFGaryL.SCHOESSLER,Appellant.No. 690481.ArguedMarch20,2000. April20,2000WashingtonStateSupremeCourtEnBanc 28 Orwickv.CityofSeattle,103Wn.2d249,254,692P.2d793(1984)(quotingCorrigalv.Ball&DoddFuneral Home,Inc.,89Wn.2d959,961,577P.2d580(1978)).
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prove eligibility, by producing an authentic original birth certificate for forensic examination, the
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a claim pursuant to CR 12(b)(6) is appropriate "only if it appears beyond doubt that the plaintiff
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the record to persuade a fair-minded, rational person of the truth of the finding. 27 Dismissal of
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8. Obama Conferred A Level Of Expert Status On Electors Concerning His Purported Birth Certificate Plaintiff asserts that by inviting the public to view the purported birth certificate on the White House Website, with the express intent that we would come to a conclusion about it and his eligibility, Candidate Obama conferred a level of expert status on the public concerning that
conclusion about it, Candidate Obama handed that document over to every voter, every Secretary of State in America and asked them to evaluate it. He hoped electors would conclude it was
authentic and he wanted what he thought would be an affirmative conclusion to translate in to action: that citizens would stop questioning his eligibility, stop asking to see his original birth certificate and accept him as an eligible candidate. Candidate Obama can not say that the
certificate posted on the White House Website on April 27, 2011 is specifically being used by Candidate Obama in his re-election efforts to legitimize his candidacy, gain access to the ballot and to curry votes.
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authenticity of that document is none of our business. He made it our business. The forged birth
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document. Similar to how a jury of peers, at trial, is asked to evaluate evidence and come to a
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Seattle Washington
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APPENDIXOFLAWTOMEMORANDUMINSUPPORTFORORDERTOSHOWCAUSE
LindaJordanv.SecretaryofStateSamReed Inorderofmention: 1.Crawford,ETALv.MarionCountyEtAl,553U.S.2008,p.13
2.CNCLofAlternativev.HooksNo.985256(CitingAnderson,460U.S.at794) 3.Bullockv.Carter,405U.S.134,405U.S.143(1972)
4.Burdick,504U.S.at433(quotingStorer,415U.S.at730).
8.ER406Habit,Routine,Practice 9.UnitedStatesv.WilliamNo.991157,JudgeFlaum 10.Dumasv.GagnerFeb.1999137Wd.2d268)(Lightnerv.Balow,59Wn.2d. 856,858,P.2d.982(1962). 11.RCW29A.68.030
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7.RULE9:PLEADINGSPECIALMATTERS(b)Fraud,Mistake,ConditionoftheMind. Inallavermentsoffraudormistake,thecircumstancesconstitutingfraudor mistakeshallbestatedwithparticularity.Malice,intent,knowledge,andother conditionofmindofapersonmaybeaverredgenerally.
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6.See,e.g.,CouncilofAlternativePoliticalPartiesv.Hooks,179f3d.64,78(3d Cir.1999)
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5.DUMASv.GAGNER971P.2d17(1999)SupremeCourtofWashington,EnBanc. ArguedDecember8,1998
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Statutoryprovisionsregardingqualificationsofcandidates,suchasaresidence requirement,directlyandsubstantivelyaffectanelectionbecausetheyplace restrictionsuponwhocanbeacandidate,and,consequently,arenotmere technicalities.
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See,e.g.,Reynoldsv.Sims,377U.S.533,544(1964))
12.SeeDumasv.Gagner,137Wn.2d268,282,971P.2d17(1999). 13.Lightner,59Wn.2dat858(quotingSherwoodv.MoxeeSch.Dist.No.90,58 Wn.2d351,353,363P.2d138(1961)(quotingConleyv.Gibson,355U.S.41,45, 78S.Ct.99,2L.Ed.2d80(1957). 14.INRE:theCONTESTEDELECTIONOFGaryL.SCHOESSLER,Appellant.No. 690481.ArguedMarch20,2000.April20,2000WashingtonStateSupreme CourtEnBanc 15.Orwickv.CityofSeattle,103Wn.2d249,254,692P.2d793(1984)(quoting Corrigalv.Ball&DoddFuneralHome,Inc.,89Wn.2d959,961,577P.2d580 (1978)). ExhibitstoMemorandumInSupport:
Ex3SOSCanyourejectaDeclaration? Ex4In2008theDNCsubmittedtheirNominationforObamatotheSOSonAugust 28thelastdayoftheirconvention.KitsapCounty2008ElectionCalendarshows thattheSecretarycertifiedtheprimaryfortheGeneralElectionballotbetween Sept.39.SixtoeightdaysafterreceivingtheNomination. http://www.kitsapgov.com/aud/elections/archive/08/electioncalendar.pdf Ex5LawProfessorDanielP.Tokajiwrites,Statecourtlitigationmightproceedas alawsuitseekingtokeepapresidentialcandidateofftheprimaryorgeneral electionballot,onthegroundthatheorshedoesnotsatisfytherequisite qualifications.Thereexistssomerecentprecedentforthistypeofcase.In 2004.registeredvotersinPennsylvaniafiledsuitinstatecourt,seekingtohave thenamesofindependentcandidateNaderandhisrunningmatePeterCamejo excludedfromtheballot,...AlthoughthePennsylvaniaSupremeCourtfoundthat
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Ex22012KingCountyCandidateManuelTheofficerwithwhomdeclarationsare filedshallrevieweachdeclarationforcompliancewiththislaw.
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Ex1BuildingConfidenceinU.S.ElectionsReportoftheCommissiononFederal ElectionReformSeptember2005
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itsstatutedidnotinfactjustifytheexclusionofNaderandCamejofromthe ballot,therewasnodoubtastothestatecourt'sabilitytoentertainachallenge toapresidentialcandidate'squalificationsinthecourseofdeterminingwhether todenythatcandidateaccesstothestateballot.Tokajialsowrotethat,thereis norequirementthataPlaintiffinastatecourtlawsuitmeettheArticleIIIor prudentialrequirementsforstandingandthatthefederalpoliticalquestion doctrinedoesnotbarstatecourtlitigationseekingtoexcludeapresidential candidatefromtheballotonthegroundthatheorsheisineligible. Ex6Ina1991bio,writtenbyObamaand/orhisliteraryagentDystel&Goderich, ObamaissaidtohavebeenborninKenya.DystelrecentlysaidthatObamawrote thatbioorapprovedofit.ObamasbiowasupdatedonDystelswebsiteafterhis Dreamsbookwaspublished(1995)andObamasbirthplacewasleftasKenya.In 2007thefollowingbioofObamawasstillontheirwebsite,BarackObamaisthe juniorDemocraticsenatorfromIllinoisandwasthedynamickeynotespeakerat the2004DemocraticNationalConvention.HewasalsothefirstAfricanAmerican presidentoftheHarvardLawReview.HewasborninKenyatoanAmerican anthropologistandaKenyanfinanceministerandwasraisedinIndonesia,Hawaii, andChicago.Hisfirstbook,DREAMSFROMMYFATHER:ASTORYOFRACEAND INHERITANCE,hasbeenalongtimeNewYorkTimesbestseller. Ex7ArticleonTerryLakin
Ex8Jablonski,Georgiacase,January2012
Ex11U.S.CitizenshipandImmigrationServicedefinesnaturalborncitizen.
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SUPERIOR COURT OF WASHINGTON FOR THURSTON COUNTY

NO._______________________________ Linda Jordan vs. Plaintiff EXHIBIT LIST (EXLST)
JUDGE:_________________________ Clerk: ___________________________ Court Reporter: Date: Bailiff: Type of Hearing:
Offered By
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Admitted? Date
Title or Name of Exhibit Exhibits from Linda Jordan Affidavit Jordans Voter Registration
SOS Appearing on the Presidential Ballot 2012 SOS Write In President Candidate form Major Party Convention Schedule SOS 2012 Primary election certification Email from SOS to Jordan: ballots ordered for printing as early as August 24 U.S. Constitution Article II Section 1:5 SOS description of elected office/eligibility SOS Devised Write In Candidate form for President Washington State Constitution: Oath Email from SOS to Jordan: Write In form for presidential candidate not accepted if eligibility oath is not sworn
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Secretary of State, Sam Reed
Defendant
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Cause No. ___________________________________ Offered By Plaintiff Number of Exhibit 12 13 14 15 16 17 18 19 20 21 22 Admitted? Date Page 2
Title or Name of Exhibit SSA POMS 10210.505, SSA Handbook, 1705 proof of age, 1725, proof of citizenship SSA: Birth Certificate primary and preferred proof of age, citizenship, SSA POMS GN 00302.530 SSAPOMS RM 10210.270, GN 00203.020 SSA POMS 10210.210 SSA POMS RM 10210.260 Affidavit of Susan Daniels: SSN Obama is using is not his. Hawaii DOH verification of Obamas long form BC (had been requested by Arizona SOS Bennett) Hawaii article: Alvin Onaka, Hawaii registrar, viewing little league players BCs to prove age SSA/INS Citizenship: 10210.500 Obama purported short form, computer generated birth certificate White House Blog/copy of Obamas purported Original Long Form BC released. A PDF file was posted. 4/27/12 April 27, 2011 Obama Press Statement about his original BC being released. 4/27/12 White House Press Gaggle 4/27/12 General Counsel Bob Bauer talks about difference between short form BC and copy of the original long form BC News accounts of the Press Conference and release of the original BC 4/27/12 Seattle Times article Why now? April 2011 Obama lawyer Jablonski: Obama released the long form to prove citizenship/eligibility. Posted on the White House Website for all to see and inspect Hawaii Ink report by Linda Jordan. Signature of Dunham on purported original BC is part ink and part computer generated signature. Not possible for a 1961 signature to be a compilation of ink and computer created unless forged. In 1961 and today, Hawaii law requires signatures on BCs to be in ink Software expert Mara Zebest Affidavit: Document posted on 4/27/11, purporting to be a photocopy of Obamas original BC is a PDF file that never existed in paper form. Completely manufactured and forged.
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Cause No. ___________________________________ Offered By Plaintiff Number of Exhibit 31 Admitted? Date Page 3
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Title or Name of Exhibit Sheriff Arpaio Reports after official investigation in to allegations of forgery concerning Obama original BC. 3/1/12 and 7/17/12. Conclusion: Document was forged. Letter from Jordan to Obama and SOS informing them that the BC is a forgery Alabama Supreme Court Justice Tom Parker: Serious questions have been raised about both of Obamas BCs that in a proper court would lead one to believe the documents are forged Reviewing evidence for age, citizenship, identity SSA POMS RM10210.210 , RM 10210.205, RM00302.530, SSA Handbook 1703, evaluating evidence Hawaii Governor Press Release: Obama given photocopies of original BC. Explains difference between short form computer generated BC and original long form BC Memo form Hawaii Director of DOH. May 2001, from here on out no more photocopies of original vital records, only computer generated versions Letters from Obama and lawyer Judith Corley to Director of Hawaii DOH, Loretta Fuddy, asking for waiver from their policy to only give out the computer generated short form BC so Obama can get two copies of his original long form BC Fuddy letter to Obama granting that waiver. She oversaw the copying herself, here are two copies Jordan FOIA request to SOS Bennett: all communication between you and Hawaii DOH concerning the Verification of Birth you asked for on Obamas BC Bennett letter to Hawaii DOH asking for verification Best evidence, original document, SSA POMS GN00301.015, SSA Handbook, 1702, evidence to be submitted Hawaii News article, Hawaii DOH retains Obama original BC King County 2012 Candidate Manuel, Presidential candidates certified after conventions, when they send in a Certificate of Nomination
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Cause No. ___________________________________ Offered By Plaintiff 1 2 Number of Exhibit Admitted? Date Page 4
Title or Name of Exhibit Exhibits from Memorandum In Support of Motion for Order to Show Cause Building Confidence in U.S. Elections Report 2012 King County Candidate Manuel, Filing Officers shall review each candidate declaration for compliance with the law SOS, training, Can you reject a candidates declaration? Yes, if you find they are not eligible. 2008 DNC Nomination for Obama submitted to SOS on August 28, the last day of their convention. The SOS certified the 2008 primary returns for the General Ballot between Sept. 3-9, six to eight days after receiving the DNC nomination and list of electors. Law Professor Tokaji writes that State Courts are the proper place to challenge eligibility of presidential candidate. 1991 bio written by Obama and/or his literary agent says that he was born in Kenya. Same bio was still on the publicists website in 2007. Article on Terry Lakin, military man. He had concerns that Obama was not eligible to be President which would mean his orders to the military were not valid. Lakin asked Obama to simply produce his original BC. Obama said no, Lakin went to prison. Obama Jablonski, Obama has been to court at least 68 times fighting the release of his original BC. 4/27/12 White House Press Gaggle, Obama will not be allowed to even hold his purported original BC Hawaii registrar Onaka, will verify Little League baseball players BC for age U.S. Citizenship and Immigration Service recognizes natural born citizen as different from other kinds of citizenship. Exhibits from Motion for Order to Show Cause Appearing on the Presidential Ballot SOS 2012 Kitsap County 2008 Election Calendar: SOS did not certify Obama to general Election ballot until 39 days after receiving DNC nomination, DNC nomination, DNC convention dates Email from SOS to Jordan, Write In candidates for president will not be accepted unless they swear an eligibility oath
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Cause No. ___________________________________ Offered By Offered By Plaintiff 4 Number of Exhibit Number of Exhibit Admitted? Date Admitted? Date Title or Name of Exhibit Title or Name of Exhibit
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2012 King County Candidate Manuel..filing officers must check to see if candidate is eligible SOS Presidential eligibility requirements
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Signed________________________________________ Linda Jordan, Plaintiff Pro Se Date______________________ , Seattle Washington. Date________________________, Seattle Washington
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Linda Jordan Files General Election Ballot Access Challenge To Obama in State of Washington - Filed 27aug2012

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Linda Jordan Files General Election Ballot Access Challenge To Obama in State of Washington - Filed 27aug2012

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Washington State Supreme Court, En Banc) 11

GERBERDINGv.MUNRONo. 650594 Ex4KingCounty2012CandidateManuel

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SOS publication, CAN YOU REJECT A DECLARATION? 15

Ex5SOSPresidentialeligibilityrequirements ministerialactn.anact,particularlyofagovernmentalemployee,whichisperformedaccordingtostatutes, legalauthority,establishedproceduresorinstructionsfromasuperior,withoutexercisinganyindividualjudgment. 15 Ex6SOSCanyourejectaDeclaration?

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are in Washington State.

Plaintiffs Motion And Attached Affidavit Alleged With Sufficient Certainty

Plaintiff requests that the Court order the Secretary of State;

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Dated this _______ day of August, 2012 in Seattle Washington

PlaintiffsMotionForOrderToShowCauseLindaJordan,PlaintiffProSe AffidavitOfLindaJordan;Memorandum andAppendixOfLaw8 LindaJordanv.SecretaryofState,SamReed

________________________________________________ Linda Jordan, Plaintiff Pro Se

v. Gibson, 355 U.S. 41, 45, 78 S. Ct. 99, 2 L. Ed. 2d 80 (1957). 18

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ExhibitList/LawCitationsPlaintiffsMotionForOrderToShowCause LindaJordanvSecretaryofState,SamReed Exhibits

4.Ex42012KingCountyCandidateManuel 5.Ex4 6.Ex4

2.ConstructiveFraud..Anybreachofdutywhich,withoutactualfraudulentintent,gains advantagetothepersoninfault 3.WAC434215165 4.RCW29A.04.611

5.Gerberdingv.MunroNo.650594 6.Ministerialactdefinition 7.RCW29A.68.030 8.ElectioncontestfiledbyCoday 9.Lightner,59Wn.2dat858(quotingSherwoodv.MoxeeSch.Dist.No.90,58Wn.2d351,353, 363P.2d138(1961)(quotingConleyv.Gibson,355U.S.41,45,78S.Ct.99,2L.Ed.2d80 (1957)

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)PLAINTIFFS AFFIDAVIT WITH EXHIBITS IN SUPPORT

v. Secretary of State Sam Reed

OF MOTION FOR ORDER TO SHOWCAUSE

Ex1ProofofVoterRegistration 2RuleER602PersonalKnowledge PLAINTIFFSMOTIONFORORDERTOSHOW1OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED

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Ex8SOSPresidenteligibilityqualifications WAC434215170 20 RCW29A.04.611 21 Ex9SOSWriteInPresidentialCandidateform PLAINTIFFSMOTIONFORORDERTOSHOW5OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED

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oath, the declaration is not deemed valid. 24

Presidential Candidate In Washington State

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Conference was covered by the national media. 38

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Ex26SeattleTimesBirthcertificate:WhyNow?ObamadecidedenoughwasenoughApril28,2011 Ex27JablonskiMotiontoQuashpg.12OSAHSECSTATECE121513660MALIHI PLAINTIFFSMOTIONFORORDERTOSHOW9OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED

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Ex28HawaiiInkReportbyLindaJordan Ex29HawaiilawonBCsignatures/ink PLAINTIFFSMOTIONFORORDERTOSHOW10OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED

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ER702 Ex30PlaintiffattainedanAffidavitandReportfromsoftwareexpertMaraZebest. 45 Ex31SheriffArpaioReports:Confirmed,ObamaBCForged PLAINTIFFSMOTIONFORORDERTOSHOW11OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED

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Social Security Administration Guidelines For Detecting Forged Documents

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Ex35HawaiiAbercrombiePressReleaseApril27,2011 Ex36HawaiiDOHDirectorMay15,2001statement PLAINTIFFSMOTIONFORORDERTOSHOW13OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED

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a piece of paper, (Emphasis added) (Ex 24 p.13)

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Ex18HawaiiMay2012VerificationofBirth Ex39JordanFOIAtoSOSBennett 57 Ex40SOSBennettLettertoHawaiiDOH PLAINTIFFSMOTIONFORORDERTOSHOW15OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED

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PLAINTIFFSMOTIONFORORDERTOSHOW17OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED

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and a list of electors from said party resulting from their

Signed_____________________________________, Seattle Washington.

Notary Signature ____________________________________.

Ex2SOSAppearingonthePresidentialBallot,2012 Ex43KingCountyCandidateGuide2012 PLAINTIFFSMOTIONFORORDERTOSHOW18OF18LINDAJORDAN,PLAINTIFFPROSE CAUSE;AFFIDAVITOFLINDAJORDAN; MEMORANDUMANDAPPENDIXOFLAW LINDAJORDANV.SECRETARYOFSTATESAMREED

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Appearing on the Presidential Ballot in Washington State pg. 4 (http://www.sos.wa.gov/_assets/elections/Appearing-on-the-Presidentialballot.pdf)