7 Jul 2008
When applying to run in the primaries a candidate does not actually have to prove
he satisfies the requirements for office.
Someone posted on the Sean Hannity forums that in some states a presidential candidate only must present signed, notarized affidavits affirming they satisfy all legal requirements for the office:
"And, at the time of filing this declaration, I am legally qualified to assume office if elected."
"that I will qualify for the office if elected thereto, including, but not limited to, complying with any limitation prescribed by the Constitution"
The declaration of intent for President and Vice President shall be in the following form:
RSA 655:17-b. I, ___________, declare that I am domiciled in the city (or town or unincorporated place) of ____________, county of ____________, state of ________________, and am a qualified voter therein; that I intend to be a candidate for the office of _________________________ to be chosen at the general election to be held on the fourth day of November, 2008; and I intend to file nomination papers by the deadline established under RSA 655:43. I further declare that, if qualified as a candidate for said office, I shall not withdraw; and that, if elected, I shall be qualified for and shall assume the duties of said office. [Declaration of Intent shall be signed by the candidate and notarized by a notary public]
"and I meet or will meet at the time I assume office the applicable age, citizenship, residency and voting qualification requirements, if any, prescribed by the constitutions and laws of the United States and the State of Wisconsin, and that I will otherwise qualify for office, if nominated and elected." http://220.127.116.11/docview.asp?docid=1839&locid=47
However, a declarer can face perjury charges if he knowingly makes false statements in a notarized affidavit:
"An affidavit is a formal sworn statement of fact, signed by the declarant (who is called the affiant or deponent) and witnessed (as to the veracity of the affiant's signature) by a taker of oaths, such as a notary public. The name is Medieval Latin for he has declared upon oath.
Uses of affidavits include:
* To allow evidence to be gathered from witnesses or participants who may not be available to testify in person before the court, or who may otherwise fear for their safety if their true identities are revealed in court.
* To obtain a declaration on a legal document, such as an application for voter registration, that the information provided by the applicant is truthful to the best of the applicant's knowledge. If, after signing such a declaration, the information is found to be deliberately untrue with the intent to deceive, the applicant may face perjury charges
Given the information that his birth
certification is not a certified document, a legitimate legal case could be made that he may have perjured himself. Then his legitimacy on the ballots for the primaries in those states could be challenged in court, as well as for the future ballots in the general election.
Something similar was done by Obama
himself when he had all his challengers in the first election he won in Illinois removed on the grounds that their petitioning signatures could not be validated.