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Steve Offline OP
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Arizona gov. vetoes presidential 'birther' bill

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PHOENIX � Arizona Gov. Jan Brewer on Monday vetoed a bill that would have required President Barack Obama and other presidential candidates to prove their U.S. citizenship before their names could appear on the state's ballot.

The bill would have made Arizona the first state to pass such a requirement. Opponents had warned the bill would give another black eye to Arizona after last year's controversy over the state's illegal immigration enforcement law.

Brewer said in her veto letter that she was troubled that the bill empowered Arizona's secretary of state to judge the qualifications of all candidates when they file to run for office.

"I do not support designating one person as the gatekeeper to the ballot for a candidate, which could lead to arbitrary or politically motivated decisions," said Brewer, who was secretary of state until she became governor in 2009.

"In addition, I never imagined being presented with a bill that could require candidates for president of the greatest and most powerful nation on Earth to submit their 'early baptismal circumcision certificates' among other records to the Arizona secretary of state," she said. "This is a bridge too far."
[ For complete coverage of politics and policy, go to Yahoo! Politics ]

The certificates were among the documents a candidate could have submitted under the bill in place of a birth certificate.

So-called "birthers" claim there's no proof Obama was born in the United States, and he is therefore ineligible to be president. But Hawaii officials have certified Obama was born in that state.

The U.S. Constitution requires that presidential candidates be "natural-born" U.S. citizens, be at least 35 years old, and be a resident of the United States for at least 14 years. Opponents questioned whether Arizona's bill would have added additional requirements.

The measure would have required that political parties and presidential candidates hand in affidavits stating a candidate's citizenship and age. It also would have required the candidate's birth certificate and a sworn statement saying where the candidate has lived for 14 years.

If candidates didn't have a copy of their birth certificates, they could meet the requirement by providing baptismal or circumcision certificates, hospital birth records and other documents.

If it couldn't be determined whether candidates who provided documents in place of their birth certificates were eligible to appear on the ballot, the secretary of state would have been able to set up a committee to help determine whether the requirements were met. The names of candidates could be kept off the ballot if the secretary of state didn't believe the candidates met the citizenship requirement.

The bill didn't explicitly provide an appeals process for a candidate whose name was kept off the ballot.

The bill's sponsor, Republican Rep. Carl Seel of Phoenix, said he was disappointed by the veto. It would have been reasonable to have the secretary of state � the state's top election officer � decide whether a candidate had adequately documented his or her qualifications, he said.

Because the bill would have required candidates for all offices to submit documentation of their qualifications, he said, "it would have been excellent reform."

Seel had said previously the measure wasn't intended as a swipe against the president and would have helped maintain the integrity of elections.


Last edited by Steve; 04/18/11.

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way to go, Jan.

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Thanks for posting that Steve. Appreciate the effort.

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Bummer.







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"I do not support designating one person as the gatekeeper to the ballot for a candidate, which could lead to arbitrary or politically motivated decisions," said Brewer, who was secretary of state until she became governor in 2009.


I agree with her. Poorly written bill. Too much power in one persons hands. The intent was solid though.

Last edited by crosshair; 04/18/11.

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Also vetoed Guns on campus. Not our kind of Gov.


Ignorance is not confined to uneducated people.


WHO IS
JOHN GALT?


LIBERTY!










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Originally Posted by siskiyous6
Also vetoed Guns on campus. Not our kind of Gov.


Our kind? I'm getting out of here!







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Originally Posted by siskiyous6
Also vetoed Guns on campus. Not our kind of Gov.


Don't know the particulars but that sounds not good


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Originally Posted by crosshair
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"I do not support designating one person as the gatekeeper to the ballot for a candidate, which could lead to arbitrary or politically motivated decisions," said Brewer, who was secretary of state until she became governor in 2009.


I agree with her. Poorly written bill. Too much power in one persons hands. The intent was solid though.

=============

I agree. Needs some kind of bi-partisan cross-check and a element of adminstrative appeal to a higher body to pass muster,I think.


The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.
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Originally Posted by isaac
Originally Posted by crosshair
Quote
"I do not support designating one person as the gatekeeper to the ballot for a candidate, which could lead to arbitrary or politically motivated decisions," said Brewer, who was secretary of state until she became governor in 2009.


I agree with her. Poorly written bill. Too much power in one persons hands. The intent was solid though.

=============

I agree. Needs some kind of bi-partisan cross-check and a element of adminstrative appeal to a higher body to pass muster,I think.


In other words, it needs to be written by someone with their head not up their own ass...




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It is like passing legislation to ban :
you name it..:
Cell phones / texting while driving
to jaywalking.

Unneccisary laws that are covered by other , more basic law.
The Constitution of the US was signed a long time ago.
Let's uphold it.


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It was a poorly written bill and likely unconstitutional in that the law would not accept legitimate short from BC's from other states.

http://www.usconstitution.net/xconst_A4Sec1.html

Quote
Article 4 Section 1

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.


The irony of this bill is that if you were born in AZ after 1997, you cannot get a copy of your long form BC from the state, they simply don't exist.

In addition the "baptismal" and "circumcision" records might have been construed as a religious test to hold office.


"Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence". John Adams

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Originally Posted by siskiyous6
Also vetoed Guns on campus. Not our kind of Gov.


Again,.....primarily because of "Bad Writing",and lack of clarity re: "Public Corridors".... nothing to do with "Anti-Gun" policy or philosophy.

Firearms on campus will be back (at least in Az.),....count on it.

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Badly written law is badly written law, reguardless of the intent. Take the health care bill, "We'll fix it after it passes" Yeah, right.


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Originally Posted by crosshair
Quote
"I do not support designating one person as the gatekeeper to the ballot for a candidate, which could lead to arbitrary or politically motivated decisions," said Brewer, who was secretary of state until she became governor in 2009.


I agree with her. Poorly written bill. Too much power in one persons hands. The intent was solid though.
If that is REALLY her objection, it is an easy fix through the legislature. We'll find out soon enough I guess if there is a 'need' for the law in her view or if it was all theatre and backsliding.


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Obama wins again. All of our hopes now rest with Donald Trump and his investigation.

I'm depressed.


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If that is REALLY her objection, it is an easy fix through the legislature. We'll find out soon enough I guess if there is a 'need' for the law in her view or if it was all theatre and backsliding.



Yep, but only after it's fixed as a general rule. Of course, what happens at the state house in AZ. ain't my business as I am a citizen of Ohio. Just like what happens in Wisconsin isn't anybody's business if they are not a citizen of Wisconsin.


Amendment XX

Quote
AMENDMENT XX

Passed by Congress March 2, 1932. Ratified January 23, 1933.

Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3.

Section 1.
The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2.
The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3.
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4.
The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5.
Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.


So, does it seem that the eligibility is qualified AFTER the election?

Last edited by crosshair; 04/19/11.

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I have had a driver license continuously since 1967. When my current license expires, I will need to personally appear at a state office and produce the following:

An Original or Certified of One of the Following Primary Identication Documents

* Certified United States birth certificate, including territories and District of Columbia
* Valid United States Passport or Passport Card
* Consular Report of Birth Abroad
* Certificate of Naturalization, Form N-550 or Form N-570
* Certificate of Citizenship, Form N-560 or Form N-561

Proof of Social Security Number

* Social Security Card
* W-2 form
* Pay check
* SSA-1099
* Any 1099

The name assigned to the social security number must match the name that will appear on the Florida driver license or identification card.

2 Proofs of Residential Address

TWO of the following documents showing your residential address: (internet printouts or faxes of these documents are acceptable)

* Deed, mortgage, monthly mortgage statement, mortgage payment booklet or residential rental/lease agreement
* Florida Voter Registration Card
* Florida Vehicle Registration or Title
* Florida Boat Registration or Title (if living on a boat/houseboat)
* A statement from a parent, step-parent or legal guardian of an applicant. The parent or guardian must reside at the same residence address, accompany the applicant and present "Proof of Residence Address"
* A utility hook up or work order dated within 60 days of the application
* Automobile Payment Booklet
* Selective Service Card
* Medical or health card with address listed
* Current homeowner’s insurance policy or bill
* Current automobile insurance policy or bill
* Educational institution transcript forms for the current school year
* Unexpired professional license issued by a government agency in the U.S.
* W-2 form or 1099 form
* Form DS2019, Certificate of Eligibility for Exchange Visitor (J-1) status
* A letter from a homeless shelter, transitional service provider, or a half-way house verifying that the customer resides at the shelter address
* Utility bills, not more than two months old
* Mail from financial institutions; including checking, savings, or investment account statements, not more than two months old
* Mail from Federal, State, County or City government agencies (including city and county agencies)

Now, I have to do all of this just to continue to have a driver license. Is it too much to ask someone running for the highest office in the land to prove that he meets the requirements set forth in the Constitution?


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Originally Posted by crosshair
Quote
If that is REALLY her objection, it is an easy fix through the legislature. We'll find out soon enough I guess if there is a 'need' for the law in her view or if it was all theatre and backsliding.



Yep, but only after it's fixed as a general rule. Of course, what happens at the state house in AZ. ain't my business as I am a citizen of Ohio. Just like what happens in Wisconsin isn't anybody's business if they are not a citizen of Wisconsin.


Amendment XX

Quote
AMENDMENT XX

Passed by Congress March 2, 1932. Ratified January 23, 1933.

Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3.

Section 1.
The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

Section 2.
The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

Section 3.
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.

Section 4.
The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.

Section 5.
Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

Section 6.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.


So, does it seem that the eligibility is qualified AFTER the election?
Interesting in section 3 that I assumed if a president is disqualified that the VP would become President permanently and then appoint a VP. That is apparently not the case. then the Vice President elect shall act as President until a President shall have qualified; The thought of Biden as president is little comfort in removing Obama but apparently that would not be the case. Sooo.... go get 'em birthers! grin


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Originally Posted by FlaRick
Obama wins again. All of our hopes now rest with Donald Trump and his investigation.

I'm depressed.


You don't have much reading comprehension, do you?




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