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The director of health may also adopt any rules pursuant to chapter 91 that he or she may deem necessary or proper to prevent fraudulent applications for birth certificates and to require any further information or proof of events necessary for completion of a birth certificate. Wayne not verified. Chet Scoville not verified. It is true that the law says "Territory. Therefore his parents could not have used this law retroactively to obtain a birth certificate for him. His birth announcement was published in all Hawaii newspapers in Nice try.
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He could have done it when he was older since he came to the US and maybe to stay. Go to college. It does not prove he is really born here. The short type he shows will not be valid for the government if you are applying for a passport. They want the long form and so do we.
All this could go away if they would just produce it. I just left you a brief voice mail message. I am wondering whether you can give me a ballpark timeframe on our request. Thanks in advance. My apologies for not responding immediately. I have recently been away from my office a great deal, including today. We need more information to substantiate that you are eligible to receive verification.
Hawaii Revised Statutes, section g , provides:. As the chief elections officer for the State of Arizona and pursuant to Arizona Revised Statutes, sections , , , and others, my office is tasked with quadrennially compiling a list of candidates for the Office of the President of the United States. Based on the above representation, I believe that my office has strictly and expressly complied with all of the elements found in Hawaii Revised Statutes, section g. I am in receipt of your email dated May 17, As I have informed you and Mr. Drake, Hawaii law requires that for verification of a vital record the requestor must satisfy the requirements of section g , Hawaii Revised Statutes, which provides:.
I asked you for legal authority that establishes your right to obtain verification, and your email of May 17, provides me with references to Arizona Revised Statutes , , , , and unnamed others. These statutes seem to deal with election of presidential electors, nomination of candidates for printing on official ballot of general or special election, form and contents of ballot, and presentation of presidential candidates on ballot, but none, as far as I can tell, establish the authority of the Secretary of State to maintain and update official lists of persons in the ordinary course of his activities.
I researched other sections of the Arizona Revised Statutes and was unable to find the necessary authority. If I have missed something, please let me know. My client stands willing to provide you with the verification you seek as soon as you are able to show that you are entitled to it. Nothing could be further from the truth. I have personally met with Representative Seel, Jeff Lichter, and many others on multiple occasions. As the filing office for statewide, legislative and federal offices, our office does not have the resources, nor would I think it appropriate, to verify filings other than for elements that can be determined on their face: number of signatures submitted, completeness of documents, formation of committees, etc.
Only in the courts can subpoena power, rules of evidence, and other judicial tools compel the production of and give impartial consideration to evidence on both sides. Having said that, there are things we have been and are doing to insure the integrity of our ballot. First, we have revised the nomination forms and informed the parties that we will not include a Presidential or VP candidate on the ballot unless the candidates personally swear to meeting the itemized qualifications required in the Constitution. If the State of Hawaii does not confirm that he was born in Hawaii, his name will not appear on Arizona ballots.
From the tone of your letter, I assume you have personally concluded that Barack Obama is not qualified to hold his office, so the above actions probably fall far short of your desired outcome. However, I am doing what I think fulfills my oath of office based on the rule of Law. If you disagree with my past or future actions, you can obviously seek judicial review in the Courts.
Arizona law requires an individual to file nomination papers wherein they certify they meet the qualifications of the office sought and have met other requirements such as committee formation and signatures. We review elements in the filing that can be verified on their face completeness, numbers of signatures, etc.
Genealogy – Certificate of Live Birth vs Birth Certificate
Challenges to the remaining facts in the filing validity of each signature, residency and other qualification aspects are solely brought through legal process in the courts. I believe there is significance in changing our nomination form for the actual election to include the certification. Evidence would be brought on both sides and a judge should issue a decision. I can tell from the tone and language of your letters that the only acceptable outcome for you is that his name not be on the ballot, period.
Haw. Rev. Stat. § 338-17.8
I look forward to continuing to work this issue under those parameters. Otherwise, I will respectfully agree to disagree. By Nick R. Nick R.