What are the qualifications to be an elector?
The U.S. Constitution contains very few provisions relating to the qualifications of electors. Article II, section 1, clause 2 provides that no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. As a historical matter, the 14th Amendment provides that State officials who have engaged in insurrection or rebellion against the United States or given aid and comfort to its enemies are disqualified from serving as electors. This prohibition relates to the post-Civil War era.
A State's certification of electors on its Certificates of Ascertainment is generally sufficient to establish the qualifications of electors.
Certificates of Ascertainment
A Certificate of Ascertainment lists the:
* names of the electors chosen by the voters and the number of votes received
* names of all other candidates for elector and the number of votes received
The Governor of each State prepares seven original Certificates of Ascertainment listing the persons appointed as electors as soon as possible after the November election.
* Each Certificate must be signed by the Governor and carry the seal of the State.
* One of the seven original Certificates of Ascertainment, along with two certified copies (or two additional originals) must be sent by registered mail to the Archivist of the United States.
* Federal law does not govern the general appearance of the Certificate of Ascertainment.
* The remaining Certificates are paired with the Certificates of Vote at the Meeting of Electors in December.
Certificates of Vote
Certificates of Vote are the documents that contain the elector's votes for president and vice president. While Federal law does not govern the general appearance of the Certificates, they must contain two distinct lists – one for President and one for Vice President.
The electors must execute six Certificates of Vote. Each of the six Certificates of Vote must be signed by all of the electors and a Certificate of Ascertainment must be attached to each of the Certificates of Vote.
The Certificates of Vote must list:
(The Certificates do not contain the names of persons who did not receive electoral votes.)
* all persons who received electoral votes for President and the number of electors who voted for each person.
* all persons who received votes for Vice President and the number of electors who voted for each person.
Finally, each of the six pairs of Certificates must be sealed and certified by the electors as containing the list of electoral votes of that State for President and Vice President. The Certificates are then sent to the designated Federal and State officials.
Distribute the Certificate of Ascertainment
One of the seven original Certificates of Ascertainment, along with two certified copies (or two additional originals) must be sent by registered mail to:
Allen Weinstein
Archivist of the United States
National Archives and Records Administration
c/o Office of the Federal Register (NF)
8601 Adelphi Road
College Park, MD 20740-6001
The original Certificate and two certified copies (or duplicate originals) should be sent to the Archivist as soon as possible after the November 4 election results are finalized. At the very latest, they must be received by the electors on the statutory deadline of December 15, 2008 and submitted to the Archivist no later than December 16, 2008.
The Legal Staff of the Office of the Federal Register will examine the Certificates for legal sufficiency and send the certified copies or duplicate originals to the U.S. House and Senate. The other six originals must be retained by the State for the meeting of the State's electors on December 15, 2008. Those six originals will be attached to the Certificates of Vote executed at the Electoral College meeting.
Hold the Meeting of Electors
On the first Monday after the second Wednesday in December (December 15, 2008), the electors meet in their respective States. Federal law does not permit the States to choose an alternate date for the meeting of electors - it must be held on December 15, 2008. The State legislature may designate where in the State the meeting will take place, usually in the State capital. At this meeting, the electors cast their votes for President and Vice President.
If any electors are unable to carry out their duties on the day of the Electoral College meeting, the laws of each State would govern the method for filling vacancies. Any controversy or contest concerning the appointment of electors must be decided under State law at least six days prior to the meeting of the electors.
* See Title 3, Section 6 of the U.S. Code Title 3, Section 6 of the U.S. Code
There is no Constitutional provision or Federal law requiring electors to vote in accordance with the popular vote in their States. Some States have such requirements.
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Credentials of electors; transmission to archivist of the united states and to congress; public inspection
Title 3 section § 6 of The US Code. It shall be the duty of the executive of each State, as soon as practicable after the conclusion of the appointment of the electors in such State by the final ascertainment, under and in pursuance of the laws of such State providing for such ascertainment, to communicate by registered mail under the seal of the State to the Archivist of the United States a certificate of such ascertainment of the electors appointed, setting forth the names of such electors and the canvass or other ascertainment under the laws of such State of the number of votes given or cast for each person for whose appointment any and all votes have been given or cast; and it shall also thereupon be the duty of the executive of each State to deliver to the electors of such State, on or before the day on which they are required by section 7 of this title to meet, six duplicate-originals of the same certificate under the seal of the State; and if there shall have been any final determination in a State in the manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors of such State, it shall be the duty of the executive of such State, as soon as practicable after such determination, to communicate under the seal of the State to the Archivist of the United States a certificate of such determination in form and manner as the same shall have been made; and the certificate or certificates so received by the Archivist of the United States shall be preserved by him for one year and shall be a part of the public records of his office and shall be open to public inspection; and the Archivist of the United States at the first meeting of Congress thereafter shall transmit to the two Houses of Congress copies in full of each and every such certificate so received at the National Archives and Records Administration.
"and if there shall have been any final determination in a State in the manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors of such State, it shall be the duty of the executive of such State"
The controversy would be how a state's governor can sign Each Certificate of Ascertainment and apply the seal of the State knowing that Barack Hussein Obama's natural born citizenship is in question because of the failure to display a vault copy of the original from Hawaii as requested in CIVIL ACTION NO. 08-cv-04083-RBS UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PHILIP J. BERG, ESQUIRE, :
Plaintiff :
vs. : CIVIL ACTION NO. 08-cv-04083-RBS
:
BARACK HUSSEIN OBAMA, a/k/a :
BARRY SOETORO, a/k/a :
BARRY OBAMA, a/k/a : JURY TRIAL DEMANDED
BARACK DUNHAM, a/k/a :
BARRY DUNHAM, THE :
DEMOCRATIC NATIONAL :
COMMITTEE, THE FEDERAL :
ELECTION COMMISSION AND :
DOES 1-50 INCLUSIVE, :
Defendants
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Berg Vs Obama Available Case Documents Reference
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September 24, 2008
MOTION to Dismiss filed by BARACK OBAMA, THE DEMOCRATIC NATIONAL COMMITTEE. Brief and Certificate of Service.(LAVELLE, JOHN)
The DNC and Obama are saying, a voter does not have standing to challenge the qualifications of a candidate for President of the United States in the US court system. The DNC and Obama are also saying, "It is well established, however, that a voter’s loss of the ability to vote for a candidate “of their liking” does not confer standing because the actual injury is not to the voter but to the candidate."
The question the Governor of any State should ask is, why does the DNC and Barack Hussein Obama not display an original vault copy birth certificate of the DNC candidate as requested by thousands of Americans?
Granted, We The People do not have standing in the US Court system to demand Barack Hussein Obama produce an original vault copy of his Hawaiian birth certificate therefore American citizens should ask the Governors of each State to; "and if there shall have been any final determination in a State in the manner provided for by law of a controversy or contest concerning the appointment of all or any of the electors of such State, it shall be the duty of the executive of such State" question how
a Certificate of Ascertainment can be applied to any DNC elector because the DNC Presidential candidate refuses in US court to permit inspection of his original vault birth certificate from Hawaii as referenced. US citizens do not have standing in US Court and have not been shown to have been injured according to Barack Hussein Obama. As a registered voter without verifying the DNC Presidential candidate is a natural born citizen as required by the constitution I cannot know for whom I am voting. I ask you as Governor also, how did you ascertain that the electors for the DNC are casting their votes for Barack Hussein Obama as a natural born citizen? Did your ascertain the electors have examined Obama's birth certificate from Hawaii detailing his birth as a natural born American as required in the US constitution? If the electors have not examined his qualifications under the US constitution how can they know their vote is cast for a natural born citizen? I as an ordinary American citizen do not qualify to do this according to the DNC and Barack Hussein Obama. I must rely on you as governor to ascertain and determine the most important requirement of an elector: Is the Presidential candidate the elector is voting for qualified as a natural born citizen according to the US Constitution?
Contact Your State Governor Here
For State Officials
berg Vs Obama Federal District Court filings You can see the DNC has a lot to hide!
Friday, October 24, 2008
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