OCON Docs: Hawaii Ballot Chief...And Grandma...Called Obama To Hawaii In 2008
REVIEWING THE FACTS
1. Electors from each state rely on each party’s state authority in that state to certify the nomination of their candidates and verify their legal qualifications to serve under the provisions of the U.S. Constitution.
2. Hawaiian election law specifically requires each state’s party authority to file a sworn application (Official Certification of Nomination) with Hawaii’s Chief Elections Officer certifying the eligibility of each candidate to serve as President and Vice President of the United States.
3. Hawaii Revised Statute 11-113 (c) specifically requires that this sworn application from each state party authority contains explicit language stating that all candidates are legally qualified to serve under the provisions of the United States Constitution in order for the Chief Elections Officer to approve the candidate for placement on the state’s presidential ballot.
4. On August 27th, 2008, by notary attestment, authorities of the Democrat Party of Hawaii (DPH) signed a sworn Official Certification of Nomination and was required to submit the document to Hawaii's Chief Election Officer, Kevin Cronin before 4:30 p.m. on September 5, 2008.
5. The DPH, chaired by Brian Schatz, refused to include legally required language, per HRS 11-113 (c)(1)(B), within the state party’s Official Certification of Nomination stating that Obama was Constitutionally eligible to serve as President.
6. The Democrat Party of Hawaii included this legally required language for other Presidential and Vice Presidential candidates in past elections dating to, at least, 2000 and 2004. Therefore, the omission of this language within the DPH’s 2008 OCON of Obama’s candidacy is not a mistake or an oversight. It was done intentionally and with full understanding of Brian Schatz that the Hawaiian CEO, Kevin Cronin, would not be legally permitted to approve Barack Obama as a candidate on the Hawaiian presidential ballot, unless the Democratic National Committee (the national party authority) included this language in its OCON.
7. The Republican Party of Hawaii included the legally required language in its sworn 2008 Official Certification of Nomination for John McCain and Sarah Palin, per HRS 11-113, without reservation or exceptions.
8. The Democrat Party of Hawaii refused to acknowledge that Barack Obama was legally qualified to serve as president under the provisions of U.S. Constitution and, therefore, the DPH refused to provide legal certification allowing the Hawaiian Chief Elections Officer to approve the placement of Barack Obama on the Hawaiian presidential ballot.
9. Since the DPH did not provide legal certification of Barack Obama's constitutional candidacy, Kevin Cronin, was required to send a written notice to Barack Obama informing him that the DPH refused to provide legal certification of his candidacy for approval of his inclusion on the State of Hawaii’s 2008 presidential ballot. Cronin was legally required to send this notification within 10 business days from the time Cronin received the OCON from the DPH. Cronin also had the option, under HRS 11-113, to extend the notification deadline five more business days for a total of 15 days from the day the DPH filed the OCON.
10. The DPH's OCON is dated August 27th, 2008. However, HRS 11-113 provides that OCONs may be filed by 4:30 p.m. on no less than the 60th day prior to the day of the election. In this case, based on the alleged date appearing the DPH's OCON, the DPH still had eight more days to file the OCON and perhaps request verification documentation from Obama. Therefore, Obama received his notification of the Hawaiian CEO's findings no later than September 20, 2008.
11. However, documents provided by the Hawaiian Election Commission show that the Democratic National Committee, chaired by Nancy Pelosi, signed its 2008 Official Certification of Nomination with a date of August 28, 2008. However, documented evidence shows that the DNC also authored a separate version of its OCON at a later time. One version was sent only to Hawaii containing specific wording which directly contradicted that state party’s Constitutional authority to declare that Barack Obama was not constitutionally eligible to serve as President and was, therefore, not approved for inclusion on the Hawaiian presidential ballot.
12. Article IV-Section 4, Article IV-Section 1 and Article II-Section 1 of the Constitution grants sovereignty for certifying a candidate’s nomination and approving a candidate’s inclusion on each state’s presidential ballot to each state. The Democratic National Committee does not have the legal authority to supersede the sovereignty of Hawaii’s appointed authority to conduct election, approve ballot content and certify the nomination of candidates.
13. By intentionally contradicting the findings of Hawaii’s party authority for the purpose of forcing the state of Hawaii to include Obama’s candidacy on its ballot, the Democratic National Committee, headed by Nancy Pelosi, committed election fraud and violated the Constitutional right of the people of the state of Hawaii to an election process in which supreme power is held by the citizens and their entitlement to vote for Constitutionally eligible candidates.
14. The Official Certification of Nomination sent to Hawaii’s Chief Elections Officer by the DNC was not sent to any other state’s CEO.
15. Based on the authority given them by the Constitution, some states’ election laws do not require an explicit statement indicating a candidate’s legal qualifications to serve under the provisions of the Constitution, like Hawaii, but rather a general statement citing documentation that the candidate is qualified under federal law to serve as President and Vice President.
16. The DNC sent a different OCON to every other state omitting the reference to Constitutional eligibility.
17. Cronin sent written notification to Obama stating that Obama was found legally qualified to serve as President under the provisions of the U.S. Constitution based on the DNC’s OCON.
18. The Democratic Party of Hawaii and the Democratic National Committee do not agree with one another about the Constitutional qualifications of Barack Obama.
19. Cronin’s notifications have never been revealed to the public.
20. If the notification from Cronin to Obama stated that Obama was found not qualified to be on the Hawaiian ballot, Obama had five business days after the finding to send a written request for a hearing to contest the finding and reconcile his lack of eligibility with the DPH.
21. Upon receiving a request for a hearing from Obama, Cronin was obligated to schedule the hearing within 10 business days of receiving the request.
22. Hearings to contest candidate eligibility findings are conducted under Administrative Procedures governed by HRS AR 91.
23. AR 91 allows a petitioner for a hearing to request reasonable scheduling accommodations in order to attend the hearing based on travel, personal matters and/or financial issues.
24. The hearing would have been conducted around mid to late October, 2008.
25. Barack Obama’s grandmother was reported to have become gravely ill in early to mid October, 2008.
26. Barack Obama was in Hawaii in mid October, 2008. The American public was told that his only business there was to visit with his ill grandmother.
27. Obama went to Hawaii, suddenly, without his wife and children, even though Dunham's condition was reported to have been expectedly declining for several weeks, during which, at any time, Obama could have otherwise scheduled a planned visit. The exclusion of Dunham's great-grandchildren and Michelle Obama during this visit is odd. Madelyn Dunham did not pass away for two more weeks after Obama's visit having never been visited by Obama's family in her final months.
27. HRS 11-113 (b) states: If there is no national party or the national and state parties…do not agree on the presidential and vice presidential candidates, the chief election officer may determine which candidates' names shall be placed on the ballot or may leave the candidates' names off the ballot completely.
28. Barack Obama was included on the 2008 Hawaiian Presidential ballot.
David F. LaRocque
CDR USNR (ret)
THE POST & EMAIL
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